Supreme Court of Louisiana, 1991

Bays v. Estate of Zeringue

Bays v. Estate of Zeringue
Supreme Court of Louisiana · Decided December 13, 1991 · Calogero, Grant, Hall, Lemmon, Writ
590 So. 2d 576; 1991 La. LEXIS 3457; 1991 WL 267860 (Southern Reporter, Second Series)

Bays v. Estate of Zeringue

Dissenting Opinion

LEMMON, Judge,

dissents from the denial, but notes that this case involved an improper use of summary judgment to decide issues which would not result in the dismissal of any party. This improper use of summary judgment caused piecemeal appeals and unwarranted cost and delays.

Opinion of the Court

In re National Union Fire Ins. Co.;— Defendants; Applying for Writ of Certiora-ri and/or Review; to the Court of Appeal, Fifth Circuit, Number 91-CA-0155; Parish of St. John Baptist Fortieth Judicial District Court Div. “A” Number 24188.

Denied.

CALOGERO, C.J., and LEMMON and HALL, JJ., would grant the writ.

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