Narrative Opinion Summary
In the case of In re Witter, Phillips Connell, the plaintiff applied for supervisory and/or remedial writs concerning a ruling from the 19th Judicial District Court in East Baton Rouge. The trial court issued a “partial summary judgment” that addressed only preliminary matters and did not resolve the merits of the case, classifying the judgment as interlocutory under Louisiana Code of Civil Procedure article 1841. Consequently, the application was remanded to the Court of Appeal, First Circuit, for further consideration under its supervisory jurisdiction. Justice Marcus was not part of the panel, while Justice Kimball expressed a desire to grant and docket the application.
Legal Issues Addressed
Interlocutory Judgments under Louisiana Code of Civil Procedure Article 1841subscribe to see similar legal issues
Application: The trial court's 'partial summary judgment' was classified as interlocutory because it addressed only preliminary matters and did not resolve the merits of the case.
Reasoning: The trial court issued a “partial summary judgment” that addressed only preliminary matters and did not resolve the merits of the case, classifying the judgment as interlocutory under Louisiana Code of Civil Procedure article 1841.
Supervisory Jurisdiction of Court of Appealsubscribe to see similar legal issues
Application: The case was remanded to the Court of Appeal, First Circuit, for further consideration under its supervisory jurisdiction, as the trial court's judgment was interlocutory.
Reasoning: Consequently, the application was remanded to the Court of Appeal, First Circuit, for further consideration under its supervisory jurisdiction.