Supreme Court of Louisiana, 1989

Winterton Food Stores v. KSLA-TV, Inc.

Supreme Court of Louisiana · Decided November 17, 1989 · Aside, Calogero, Grant, Lemmon, Marcus, Matter, Merits, Remand, Summary, Trial, Watson, Writ

551 So. 2d 618; 1989 La. LEXIS 2714; 1989 WL 139047 (Southern Reporter, Second Series)

Concurring Opinion

MARCUS and LEMMON, JJ.,

concur in the denial, but note that it is normally inappropriate to render a partial summary judgment which merely decides one of many issues in the course of the proceeding and does not dismiss any party or incidental remand. Such a judgment encourages (and sometimes necessitates) piece meal appeals.

CALOGERO, J., would grant the writ. WATSON, J., would grant, set aside the partial summary judgment, and remand for trial of the entire matter on the merits.

Opinion of the Court

In re KSLA-TV Inc.; Baker, Delores; Stagg, Mike; — Defendant(s); Applying for Supervisory and/or Remedial Writ; to the Court of Appeal, Second Circuit, Number 21178-CW; Parish of Caddo 1st Judicial District Court Div. “H” Number 286,537.

Denied.

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