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Goudeau v. Administrators of the Tulane Educational Fund

Citations: 33 So. 3d 177; 2010 La. LEXIS 1156; 2010 WL 1998342Docket: No. 2010-CC-0925

Court: Supreme Court of Louisiana; May 7, 2010; Louisiana; State Supreme Court

Narrative Opinion Summary

The Court of Appeal granted the application for supervisory and/or remedial writs concerning the case involving the Administrators of the Tulane Educational Fund. The court determined that while the "temporary transfer" rule does not inherently conflict with random allotment principles, the judicial economy favors keeping the suit in its originally assigned division following the recusal of the judge pro tempore. Consequently, the trial court's order from April 13, 2010, was vacated, and the case was returned to Division "E." Judges Guidry and Clark expressed their dissenting opinions, indicating they would have denied the application.

Legal Issues Addressed

Authority of Court of Appeal in Supervisory and Remedial Writs

Application: The Court of Appeal exercised its authority to grant supervisory and remedial writs, resulting in the vacating of the trial court's order.

Reasoning: The Court of Appeal granted the application for supervisory and/or remedial writs concerning the case involving the Administrators of the Tulane Educational Fund.

Judicial Economy and Case Assignment

Application: The court prioritized judicial economy by keeping the case in its originally assigned division after the recusal of the judge pro tempore.

Reasoning: The judicial economy favors keeping the suit in its originally assigned division following the recusal of the judge pro tempore.

Temporary Transfer Rule and Random Allotment

Application: The court found no inherent conflict between the temporary transfer rule and the principles of random allotment.

Reasoning: The court determined that while the 'temporary transfer' rule does not inherently conflict with random allotment principles...