Supreme Court of Louisiana, 2003

Perniciaro v. Liberty Mutual Insurance Co.

Supreme Court of Louisiana · Decided January 31, 2003 · Calogero, Grant, Knoll, Reasons, Writ

841 So. 2d 723; 2003 La. LEXIS 130; 2003 WL 203500 (Southern Reporter, Second Series)

Concurring Opinion

CALOGERO, Chief Justice,

concurs and assigns reasons.

I concur in the court’s action. Whether Dumas v. State of Louisiana, 828 So.2d 530 (La. 2002), is distinguishable from or applicable to the present case is to be decided by the court of appeal. The fact that this court has remanded the case to the court of appeal does not mean that this court is suggesting or hinting that a particular result should be reached. Rather, this court finds that a detailed consideration of the matter pursuant to the court of appeal’s supervisory jurisdiction is warranted. See Jones v. Congemi, 02-2979, 840 So.2d 525 (La.1/24/03).

Opinion of the Court

In re: Greater Lakeside Corporation and Causeway Associates; - Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. G, Nos. 2000-6295; to the Court of Appeal, Fourth Circuit, No. 2002-C-0889.

*724Writ granted.

CALOGERO, C.J., concurs and assigns reasons. KNOLL, J., would grant the writ.

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