Louisiana Court of Appeal, 1998

Sanders v. Louisiana Insurance Guaranty Ass'n

Sanders v. Louisiana Insurance Guaranty Ass'n
Louisiana Court of Appeal · Decided September 23, 1998 · Saunders, Thibodeaux, Woodard
750 So. 2d 214; 98 La.App. 3 Cir. 309; 1998 La. App. LEXIS 2591; 1998 WL 647271 (Southern Reporter, Second Series)

Sanders v. Louisiana Insurance Guaranty Ass'n

Opinion of the Court

I/WOODARD, Judge.

For the reasons found in the companion case rendered this date under the caption number 98-308, Sanders v. Am. Fidelity Fire Ins. Co. (La.App. 3 Cir. 9/23/98); 750 So.2d 210, the judgment of the trial court is reversed. Costs of this appeal are to be assessed to the appellee.

REVERSED AND RENDERED.

THIBODEAUX, J., concurs and assigns written reasons.

SAUNDERS, J., concurs for the reasons assigned by THIBODEAUX, J.

Concurring Opinion

| j THIBODEAUX, Judge,

concurring.

In my view, this case should be decided on the basis that LIGA should not be liable for all of the judicial interest in suit No. 18,004 on the basis that it was not a party to the litigation under docket number 18,004.

La. Code Civ.P. art. 1841 provides that “[a] judgment is the determination of the rights of the parties in an action and may *215award any relief to which the parties are entitled.” A judgment cannot determine rights or award relief to parties or entities who are not parties to the litigation. Rosella v. DeDe’s Wholesale Florist, 607 So.2d 1055 (La.App. 3 Cir. 1992).

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