Stuart v. Cooper Tire & Rubber Co.

Supreme Court of Louisiana
Stuart v. Cooper Tire & Rubber Co., 550 So. 2d 641 (La. 1989)
1989 La. LEXIS 2466; 1989 WL 124701
Calogero, Grant, Lemmon, Marcus, Writ

Stuart v. Cooper Tire & Rubber Co.

Concurring Opinion

CALOGERO & LEMMON, JJ.,

concur in the denial of rehearing, but would prefer that this Court write an opinion addressing the issue whether a timely motion for a judgment notwithstanding the verdict impliedly includes an alternative motion for a new trial so that the trial court can grant either relief.

MARCUS, J., would grant the rehearing.

Opinion of the Court

In re Stuart, Cecil L.; Roussel, Marilyn Peterson; Stuart, Harvey; Stuart, Cecil Jr.; — Plaintiff(s); applying for writ of cer-tiorari and/or review, supervisory and/or remedial writs; to the Court of Appeal, First Circuit, No. CW88 1942; Parish of Washington, 22nd Judicial District Court, Div. “A”, No.' 53318, 58319.

Prior report: La.App., 544 So.2d 78.

Granted. Judgment of the court of appeal is reversed; trial court order for new trial is reinstated.

MARCUS and LEMMON, JJ., would grant the writ for argument.

Reference

Full Case Name
Cecil L. STUART v. COOPER TIRE AND RUBBER CO.
Cited By
1 case
Status
Published