Narrative Opinion Summary
Writ of Certiorari and/or Review was applied for in the Parish of Plaquemines, 25th Judicial District Court Div. B, case No. 48-436, subsequently reviewed by the Court of Appeal, Fourth Circuit, case No. 2015-CA-1068. The court granted the writ, reversing the lower court's decision to grant summary judgment. It determined that genuine issues of material fact exist, preventing the proper application of summary judgment as a matter of law. The case has been remanded to the district court for further proceedings. Justices WEIMER, GUIDRY, and CLARK expressed dissenting opinions, each indicating they would deny the writ.
Legal Issues Addressed
Dissent in Judicial Opinionssubscribe to see similar legal issues
Application: Certain justices disagreed with the majority's decision to grant the writ, indicating a preference to uphold the original ruling.
Reasoning: Justices WEIMER, GUIDRY, and CLARK expressed dissenting opinions, each indicating they would deny the writ.
Existence of Genuine Issues of Material Factsubscribe to see similar legal issues
Application: The court found that unresolved factual disputes must be addressed, which precludes the granting of summary judgment as a legal conclusion.
Reasoning: It determined that genuine issues of material fact exist, preventing the proper application of summary judgment as a matter of law.
Remand for Further Proceedingssubscribe to see similar legal issues
Application: Upon finding errors in the lower court's decision, the case is sent back to the district court for additional examination and proceedings.
Reasoning: The case has been remanded to the district court for further proceedings.
Review of Summary Judgment Decisionssubscribe to see similar legal issues
Application: The appellate court reviews the lower court's decision to grant summary judgment and determines whether genuine issues of material fact exist, impacting the appropriateness of summary judgment.
Reasoning: The court granted the writ, reversing the lower court's decision to grant summary judgment.