Supreme Court of Louisiana, 1987

Lewis v. Willamette Industries, Inc.

Lewis v. Willamette Industries, Inc.
Supreme Court of Louisiana · Decided January 30, 1987 · Cole, Grant, Lemmon, Motion, Reasons
501 So. 2d 197; 1987 La. LEXIS 8387 (Southern Reporter, Second Series)

Lewis v. Willamette Industries, Inc.

Opinion of the Court

IN RE: Willamette Industries Inc.; Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Second Circuit, Number 18,188-CA; Parish of Jackson 2nd Judicial District Court Div. “B” Number 21,200.

Prior report: 499 So.2d 506.

Motion to remand denied. Writ denied.

Dissenting Opinion

LEMMON, J.,

would grant the motion to remand. The exceptions were apparently tried with the Court and both counsel addressing the agreement that the Court of Appeal found missing from the record. The Court of Appeal should have sought to have counsel stipulate to the supplementation of the record or remanded for completion of the record in order that the merits of the appeal could be addressed. The present disposition leaves unaddressed the merits of the trial court’s judgment on jurisdiction and requires the trial court and the parties to go through the same motions already completed (perhaps with inadvertent failure to formally introduce the agreement).

COLE, J., would grant the motion for reasons assigned by LEMMON, J.

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