Narrative Opinion Summary
Writ granted and made peremptory by the court, converting the appellants' appeal into an application for supervisory writs. The court addresses the merits of the writ application and references the case Smith v. Louisiana Department of Public Safety, 571 So.2d 666 (La.App. 3rd Cir. 1990). The court notes that the trial court's judgment in the concursus proceeding failed to address the appellants' liability concerning the amounts in the court's registry. Based on the findings in the Motion To Dismiss Appeal, the court reverses and sets aside the trial court's summary judgment and remands the case for further proceedings in line with the court's opinion. Farmers-Merchants Bank and Trust Company is ordered to bear all costs of the appeal, while costs at the trial court level will be determined after a final resolution of the case. The decision is reversed and remanded for further action.
Legal Issues Addressed
Allocation of Costs on Appealsubscribe to see similar legal issues
Application: The appellate court ordered Farmers-Merchants Bank and Trust Company to bear all costs of the appeal, leaving the determination of trial court costs until the case's final resolution.
Reasoning: Farmers-Merchants Bank and Trust Company is ordered to bear all costs of the appeal, while costs at the trial court level will be determined after a final resolution of the case.
Conversion of Appeal to Supervisory Writssubscribe to see similar legal issues
Application: The court converted the appellants' appeal into an application for supervisory writs, allowing the case to be reviewed in a different procedural posture.
Reasoning: Writ granted and made peremptory by the court, converting the appellants' appeal into an application for supervisory writs.
Failure to Address Liability in Concursus Proceedingsubscribe to see similar legal issues
Application: The trial court's judgment was found deficient as it did not address the appellants' liability concerning the amounts held in the court's registry.
Reasoning: The court notes that the trial court's judgment in the concursus proceeding failed to address the appellants' liability concerning the amounts in the court's registry.
Reversal and Remand for Further Proceedingssubscribe to see similar legal issues
Application: The appellate court reversed the trial court's summary judgment and remanded the case for further proceedings consistent with its opinion.
Reasoning: The court reverses and sets aside the trial court's summary judgment and remands the case for further proceedings in line with the court's opinion.