Narrative Opinion Summary
In the case "In re Gauthe, Gilbert, Father," a petition for a writ of certiorari and/or review, including supervisory and/or remedial writs, was filed by Pacific Employers Insurance Company and Houston General Insurance Company against the defendants in the 15th Judicial District Court, Lafayette Parish (Case No. 93-3086 1A). The Court of Appeal, Third Circuit (No. CW95-0769), denied the application. The ruling allows the parties to raise the issue again on appeal if there is an adverse judgment. Chief Justice Calogero and Justice Victory expressed a dissenting opinion, indicating they would have granted the writ, while Justice Bleich was not part of the panel.
Legal Issues Addressed
Dissenting Opinions in Writ Decisionssubscribe to see similar legal issues
Application: Chief Justice Calogero and Justice Victory dissented from the majority's decision to deny the writ, which suggests a disagreement with the denial and a preference to consider the merits of the writ.
Reasoning: Chief Justice Calogero and Justice Victory expressed a dissenting opinion, indicating they would have granted the writ.
Participation of Justices in Panel Decisionssubscribe to see similar legal issues
Application: Justice Bleich did not participate in the decision, which reflects procedural aspects of judicial participation in panel decisions.
Reasoning: Justice Bleich was not part of the panel.
Writ of Certiorari and Supervisory Writssubscribe to see similar legal issues
Application: The Court of Appeal, Third Circuit, denied the petition for a writ of certiorari and/or supervisory writs filed by the insurance companies, indicating that the matter could be revisited on appeal following an adverse judgment.
Reasoning: The Court of Appeal, Third Circuit (No. CW95-0769), denied the application. The ruling allows the parties to raise the issue again on appeal if there is an adverse judgment.