Cotton v. Gaylord Chemical Corp.

Supreme Court of Louisiana
Cotton v. Gaylord Chemical Corp., 680 So. 2d 1187 (La. 1996)
1996 La. LEXIS 2874
Lemmon

Cotton v. Gaylord Chemical Corp.

Opinion of the Court

In re Plaintiffs’ Liaison Committee;— Plaintiffs); applying for supervisory and/or remedial writ; Parish of Washington, 22nd Judicial District Court, Div. “C”, No. 73,341; 22nd Judicial District Court, Div. “E”, No. 73,345; to the Court of Appeal, First Circuit, Nos. CW96 1958, CW96 2029.

Writ granted with order. The October 1, 1996 action of the court of appeal, which converted sua sponte the supervisory writ application on the issue of class certification into a devolutive appeal, is reversed. The relators in the court of appeal have not made the requisite showing of irreparable injury resulting from the class certification order. Therefore, the court of appeal erred in characterizing the order as an appealable interlocutory judgment. Accordingly, the matter is remanded to the court of appeal for that court to entertain and act upon the writ application, which challenges the class certification order, under its supervisory authority.

LEMMON, J., not on panel; recused.

Reference

Full Case Name
Gloria Cotton, Wife of/and Donald COTTON v. GAYLORD CHEMICAL CORP. Eddie WALKER v. GAYLORD CHEMICAL CORPORATION
Status
Published