Cosse v. Allen-Bradley Co.
Cosse v. Allen-Bradley Co.
Concurring Opinion
concurs in the granting of the motion to dismiss, but dissents from the per curiam opinion insofar as it sets aside part of the opinion on original hearing. A judgment of this court is not a final judgment until after the case is disposed of on rehearing, if a rehearing is granted. La.Code Civ.P. art. 2167; see also Consolidated Loans, Inc. v. Guercio, 356 So.2d 441 (La.App. 1st Cir. 1977). Therefore, when this court granted the joint motion to dismiss the case (in effect disposing of the case on rehearing), the original judgment becomes final.
Opinion of the Court
An opinion was rendered in this case on October 18, 1993, 625 So.2d 486, following which plaintiff filed an application for rehearing, in which he took issue with only that part of the opinion which did not reduce the employer’s reimbursement recovery by the percentage of the employee’s fault.
. Applicant did not take issue with the part of the opinion that was favorable to him, having to do with the percentage of his recovery costs, attorneys fees, etc., that the employer, Celotex, should he held liable to pay, upon application of the Moody formula. See Moody v. Arabie, 498 So.2d 1081 (La. 1986).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.