In re O’Rourke, M.A.; — Plaintiff(s); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Fourth Circuit, Number 89CA-1497; Parish of Orleans Civil District Court Div. “J” Number 88-17977.

Prior report: La.App., 560 So.2d 76.

Denied.

concurs. There was an improper use of summary judgment in this case. The judgment served only to limit the amount of recovery for the $10,000 rings to $500, but delayed the trial on the merits and promoted piecemeal appeals. The limitations issue would have been more appropriately handled as a partial defense at a trial on the merits.