Narrative Opinion Summary
In re Thomas (Tommy) Wainwright involves a legal proceeding concerning Wainwright and his plumbing business, who are defendants in a case before the 19th Judicial District Court, E. Baton Rouge. The matter was escalated to the Court of Appeal, First Circuit, under case number 2014 CW 1319, where the application for supervisory and/or remedial writs was granted. The Court of Appeal is instructed to obtain a transcript of the trial and review the evidence to assess whether the trial court abused its discretion in granting a motion for a new trial. Justices Knoll and Hughes expressed their dissent, indicating they would deny the application.
Legal Issues Addressed
Abuse of Discretion in Granting a New Trialsubscribe to see similar legal issues
Application: The Court of Appeal is tasked with reviewing the trial court's decision to grant a motion for a new trial to determine if there was an abuse of discretion.
Reasoning: The Court of Appeal is instructed to obtain a transcript of the trial and review the evidence to assess whether the trial court abused its discretion in granting a motion for a new trial.
Dissenting Opinionsubscribe to see similar legal issues
Application: Justices Knoll and Hughes dissented from the majority decision, showing a division in judicial opinion on whether the application should be granted.
Reasoning: Justices Knoll and Hughes expressed their dissent, indicating they would deny the application.
Supervisory and Remedial Writssubscribe to see similar legal issues
Application: The Court of Appeal, First Circuit, granted the application for supervisory and/or remedial writs, indicating a higher court's intervention to review the decisions of a lower court.
Reasoning: The matter was escalated to the Court of Appeal, First Circuit, under case number 2014 CW 1319, where the application for supervisory and/or remedial writs was granted.