Hamilton v. Facility Management of Louisiana, Inc.

Supreme Court of Louisiana
Hamilton v. Facility Management of Louisiana, Inc., 549 So. 2d 316 (La. 1989)
1989 La. LEXIS 2329; 1989 WL 119694
Lemmon

Hamilton v. Facility Management of Louisiana, Inc.

Opinion of the Court

In re General Conference 7th Advent.; National Union Fire Ins. Co.; Third Party(ies); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Fourth Circuit, Number 88CA-1626; Parish of Orleans, Civil District Court, Div. ā€œLā€, Number 86-11885.

Prior Report: 545 So.2d 1198 (La.App. 1989).

Granted. Judgment of the court of appeal is reversed; summary judgment is vacated; ease remanded for further proceedings.

Concurring Opinion

LEMMON, J.,

concurs, noting that this case involves improper use of summary judgment. Here, a third party plaintiff attempted to obtain a premature ruling on an issue which would not result in dismissal of the suit as to any party. The summary judgment granted by the district court resulted in piece meal appeals, unnecessary delay, and extreme judicial inefficiency. The indemnity issue is more properly decided at the trial on the merits.

Reference

Full Case Name
Brenda HAMILTON v. FACILITY MANAGEMENT OF LOUISIANA, INC.
Cited By
2 cases
Status
Published