East Jefferson General Hospital Foundation v. Blitch/Krebs

Supreme Court of Louisiana
East Jefferson General Hospital Foundation v. Blitch/Krebs, 649 So. 2d 375 (La. 1995)
1995 La. LEXIS 470; 1995 WL 36047
Calogero, Dennis, Deny, Johnson, Kimball, Writ

East Jefferson General Hospital Foundation v. Blitch/Krebs

Opinion of the Court

In re Blitch/Krebs et al; Blitch/Krebs, a Joint Venture; Briee-Morris Associates; Blitch Architects, Inc.; J.J. Krebs & Sons, Inc.; Brice-Morris Architects/Engrs; — Defendants); applying for supervisory and/or remedial writs; Parish of Jefferson, Twenty-Fourth Judicial District Court, Div. “M”, No. 431-377; to the Court of Appeal, Fifth Circuit, No. 94-CW-0813.

Granted. Judgment of the trial court granting the motion to strike the jury order is reversed. The cross-claim filed against the Joint Venture was directed to an issue triable by a jury as required by La.Code Civ.P. art. 1733(C). Case remanded to the district court for further proceedings.

CALOGERO, C.J., and DENNIS and KIMBALL, JJ., would deny the writ. JOHNSON, J., not on panel.

Reference

Full Case Name
EAST JEFFERSON GENERAL HOSPITAL FOUNDATION v. BLITCH/KREBS, a Joint Venture and Brice Morris Associates, Inc., Architects/Engineers, a Joint Venture, Blitch/Krebs, a Joint Venture
Status
Published