GENOVESE, J., would grant this writ for the following reasons:
I find the majority erred in denying this writ, which resulted in a special master being appointed without the consent of all parties. Louisiana Revised Statutes 13:4165(A) grants the court the authority to appoint a special master; however, that appointment is contingent upon “the consent of all parties litigant[.]” In this case, though it is undisputed that all parties consented to the appointment of a special master, all parties did not consent to the identity of the special master. Louisiana Revised Statutes 13:4165(A) provides three instances upon which “[t]he consent of the parties litigant may be contingent[,]” and expressly includes “[t]he identity of the special master.” La.R.S. 13:4165(A)(2). Therefore, in my view, the appointment of the special master in this case without the consent of all parties violates La.R.S. 13:4165(A).
Consequently, I would grant this writ, reverse the lower courts, vacate the appointment of the special master, and remand for further proceedings.