Salsul Co. v. Kohlmeyer

Supreme Court of Louisiana
Salsul Co. v. Kohlmeyer, 356 So. 2d 431 (La. 1978)
1978 La. LEXIS 7320
Summers

Salsul Co. v. Kohlmeyer

Concurring Opinion

SUMMERS, J.,

concurs. While I agree that Salmen’s Succession should be made a party on the basis of this application, I must persist in my position that deciding the merits of such a question in chambers without a hearing by which the adverse parties can be heard, involves the denial of due process.

Opinion of the Court

In re: Salsul Co. applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. 354 So.2d 711.

Writ granted. Judgment of the court of appeal is reversed. Court of appeal erred in not finding that trial judge erred in failing to permit the amendment including Raymond F. Salmen and/or Succession of Raymond F. Salmen as party plaintiff. La. Code Civ.P. art. 934. Case remanded to trial court for further proceedings according to law and consistent with views herein expressed.

Reference

Full Case Name
SALSUL COMPANY v. KOHLMEYER & CO., in Liquidation
Status
Published