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Spott v. Otis Elevator Co.

Citations: 576 So. 2d 42; 1991 La. LEXIS 618; 1991 WL 30057Docket: No. 91-C-0351

Court: Supreme Court of Louisiana; March 7, 1991; Louisiana; State Supreme Court

Narrative Opinion Summary

In re Spott, Alex involves a plaintiff seeking a writ of certiorari and/or review from the Court of Appeal, Fifth Circuit, concerning case No. 90-CA-0584 from the Parish of Jefferson, 24th Judicial District Court, Div. H, No. 372-848. The prior report is noted as La.App. 573 So.2d 268. The court granted the appeal, confirming that the order permitting the relator to proceed in forma pauperis remains in effect, as it has not been properly rescinded in accordance with La.Code Civ. P. art. 5185(A)(4). Consequently, the appeal is reinstated.

Legal Issues Addressed

In Forma Pauperis Status under Louisiana Code of Civil Procedure Article 5185(A)(4)

Application: The case confirms that the order allowing the relator to proceed in forma pauperis continues to be valid, as there has been no proper rescission in compliance with the specified article.

Reasoning: The court granted the appeal, confirming that the order permitting the relator to proceed in forma pauperis remains in effect, as it has not been properly rescinded in accordance with La.Code Civ. P. art. 5185(A)(4).

Reinstatement of Appeals

Application: The court reinstated the appeal after determining the order for in forma pauperis status was still effective, thereby allowing the relator to continue with the appellate process.

Reasoning: Consequently, the appeal is reinstated.