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Escarment v. Sav-A-Center

Citations: 860 So. 2d 538; 2003 La. LEXIS 3463; 2003 WL 22887837Docket: No. 2003-CC-1803

Court: Supreme Court of Louisiana; November 20, 2003; Louisiana; State Supreme Court

Narrative Opinion Summary

In the case of In re Sav-A-Center, the defendant sought supervisory and/or remedial writs from the Civil District Court of Orleans, which had denied the relator's motion for an independent medical examination. The Court of Appeal, Fourth Circuit, reversed this judgment, agreeing with the dissenting opinion from the appellate court. The case has been remanded to the trial court for further proceedings. Justices Kimball and Knoll expressed their dissent regarding the writ, indicating they would deny it.

Legal Issues Addressed

Appellate Court Remand

Application: The case was remanded to the trial court for further proceedings following the appellate court's decision.

Reasoning: The case has been remanded to the trial court for further proceedings.

Dissenting Opinions on Writ Denial

Application: Justices Kimball and Knoll dissented, indicating they would have denied the writ.

Reasoning: Justices Kimball and Knoll expressed their dissent regarding the writ, indicating they would deny it.

Independent Medical Examination

Application: The trial court's denial of the motion for an independent medical examination was reversed by the appellate court.

Reasoning: The Court of Appeal, Fourth Circuit, reversed this judgment, agreeing with the dissenting opinion from the appellate court.

Supervisory and Remedial Writs

Application: The defendant sought supervisory and/or remedial writs to challenge the trial court's decision.

Reasoning: In the case of In re Sav-A-Center, the defendant sought supervisory and/or remedial writs from the Civil District Court of Orleans, which had denied the relator's motion for an independent medical examination.