Supreme Court of Louisiana, 1992

Martin v. Severn Place Associates

Martin v. Severn Place Associates
Supreme Court of Louisiana · Decided October 9, 1992 · Dennis, Hall, Lemmon
605 So. 2d 1116; 1992 La. LEXIS 3029; 1992 WL 279702 (Southern Reporter, Second Series)

Martin v. Severn Place Associates

Opinion of the Court

In re Severn Place Associates; State Farm Fire & Cas.; — Defendant(s); applying for supervisory and/or remedial writ; Parish of Jefferson, 24th Judicial District Court, Div. “D”, No. 404-429; to the Court of Appeal, Fifth Circuit, No. 92-CW-0536.

Denied.

Concurring Opinion

HALL, J.,

concurs. At the hearing on the motion for new trial, it may be that any relevant and material facts can be developed on the record without the judge being called as a witness. If it becomes necessary for the judge to testify, a decision the judge should make, then the judge should recuse herself from presiding over the hearing. LSA-C.C.P. Art. 151; LSA-C.E. art. 605. See State v. Wille, 595 So.2d 1149, 1154-1156 (La. 1992).

DENNIS, J., joins in the concurrence by HALL, J.

Concurring Opinion

LEMMON, J.,

concurs in the denial. La. Code Civ.Pro. art. 151 contemplates the recusal of a judge who will be a witness to the facts pertinent to the merits of the case, and not the recusal of a judge whom a party desires to call at the hearing on the motion for a new trial to testify as to her behavior during the trial.

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