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Short v. State Farm Fire & Casualty Co.

Citations: 716 So. 2d 368; 1998 La. LEXIS 1044Docket: No. 98-C-0365

Court: Supreme Court of Louisiana; March 26, 1998; Louisiana; State Supreme Court

Narrative Opinion Summary

Plaintiff Yvonne L. Short applied for a writ of certiorari and/or review concerning a case from the Parish of East Baton Rouge, 19th Judicial District Court, Division H, numbered 326,828, which was escalated to the Court of Appeal, First Circuit, under case number CA96 2382. The Supreme Court granted the application, vacating and setting aside the judgment of the Court of Appeal. It ordered the Court of Appeal to allow the appeal record to be supplemented with the transcribed oral reasons for ruling provided by the trial judge on April 24, 1995, and to reconsider its earlier ruling in light of this new information. Justice Lemmon did not participate in the panel's decision.

Legal Issues Addressed

Appellate Review Process

Application: The Supreme Court intervenes to ensure the appellate record is complete by allowing supplementation with trial judge's reasons.

Reasoning: The Supreme Court granted the application, vacating and setting aside the judgment of the Court of Appeal. It ordered the Court of Appeal to allow the appeal record to be supplemented with the transcribed oral reasons for ruling provided by the trial judge on April 24, 1995, and to reconsider its earlier ruling in light of this new information.

Judicial Panel Participation

Application: A justice's non-participation in a decision-making panel is noted when applicable.

Reasoning: Justice Lemmon did not participate in the panel's decision.