In re Crescent City Physicians, Inc.;— Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court, Div. D, No. 03-5213; to the Court of Appeal, Fourth Circuit, No. 2004-CA-0132.

Realtor’s motion to dismiss the appeal of the November 6, 2003 partial summary judgment on the issue of liability is granted for the reasons assigned by the dissenting judge in the court of appeal.

concurring.

I concur in the order but write to point out additionally that La.Code Civ. Pro. art. 1915(A)(5), cited by the defendants in their opposition, is not applicable in this case because the issue of liability was not “tried separately by the court .... ” Instead, the trial court granted a partial summary judgment on the liability issue pursuant to La.Code Civ. Proc. art. 966(E); therefore, in the absence of a showing of irreparable harm, La.Code Civ. Proc. art. 1915(B) controls.