Narrative Opinion Summary
The court granted a writ of certiorari in part, specifically reversing the Court of Appeal's finding that the foreclosure was not wrongful. The appellate court's decision to overturn the trial court's personal damage award without identifying any manifest error is also reversed, resulting in the reinstatement of the trial court's damage award. This ruling references Arias v. Stolthaven New Orleans, L.L.C., 08-1111 (La. 5/5/09, 9 So.3d 815). The remaining aspects of the writ are denied, and the case is remanded to the trial court for further proceedings. Justice Weimer expresses a desire to grant and docket, while Justice Clark indicates a wish to deny the writ.
Legal Issues Addressed
Precedential Referencesubscribe to see similar legal issues
Application: The court’s ruling makes reference to a precedent set in Arias v. Stolthaven New Orleans, L.L.C.
Reasoning: This ruling references Arias v. Stolthaven New Orleans, L.L.C., 08-1111 (La. 5/5/09, 9 So.3d 815).
Reinstatement of Trial Court Judgmentssubscribe to see similar legal issues
Application: The court reinstated the trial court's personal damage award, finding fault in the appellate court's decision to overturn it without identifying manifest error.
Reasoning: The appellate court's decision to overturn the trial court's personal damage award without identifying any manifest error is also reversed, resulting in the reinstatement of the trial court's damage award.
Remand for Further Proceedingssubscribe to see similar legal issues
Application: The case is sent back to the trial court for additional actions in line with the decisions made by the higher court.
Reasoning: The remaining aspects of the writ are denied, and the case is remanded to the trial court for further proceedings.
Review of Appellate Court Decisionssubscribe to see similar legal issues
Application: The court partially granted the writ of certiorari by reversing the appellate court's conclusion that the foreclosure was not wrongful.
Reasoning: The court granted a writ of certiorari in part, specifically reversing the Court of Appeal's finding that the foreclosure was not wrongful.