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Crescent City Physicians v. Desse

Supreme Court of Louisiana
Oct 1, 2004
883 So. 2d 963 (La. 2004)

Summary

In Crescent City Physicians, Inc. v. Desse, 2004-1280 (La. 10/1/04), 883 So.2d 963, the Louisiana Supreme Court reversed and dismissed the appeal of a partial summary judgment on the issue of liability.

Summary of this case from Henry v. Reeves

Opinion

No. 2004-OC-1280.

October 1, 2004.

In re Crescent City Physicians, Inc.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court, Div. D, No. 03-5213; to the Court of Appeal, Fourth Circuit, No. 2004-CA-0132.


Realtor's motion to dismiss the appeal of the November 6, 2003 partial summary judgment on the issue of liability is granted for the reasons assigned by the dissenting judge in the court of appeal.

CALOGERO, C.J., concurs with reasons.


I concur in the order but write to point out additionally that La. Code Civ. Pro. art. 1915(A)(5), cited by the defendants in their opposition, is not applicable in this case because the issue of liability was not "tried separately by the court. . . ." Instead, the trial court granted a partial summary judgment on the liability issue pursuant to La. Code Civ. Proc. art. 966(E); therefore, in the absence of a showing of irreparable harm, La. Code Civ. Proc. art. 1915(B) controls.


Summaries of

Crescent City Physicians v. Desse

Supreme Court of Louisiana
Oct 1, 2004
883 So. 2d 963 (La. 2004)

In Crescent City Physicians, Inc. v. Desse, 2004-1280 (La. 10/1/04), 883 So.2d 963, the Louisiana Supreme Court reversed and dismissed the appeal of a partial summary judgment on the issue of liability.

Summary of this case from Henry v. Reeves

In Crescent City Physicians, Inc. v. Desse, 2004-1280 (La. 10/1/04), 883 So.2d 963, the Louisiana Supreme Court reversed this court and dismissed the appeal of a partial summary judgment on the issue of liability.

Summary of this case from Auto. Experts, LLC v. Joe Johnson, Inc.
Case details for

Crescent City Physicians v. Desse

Case Details

Full title:CRESCENT CITY PHYSICIANS, INC. v. Jean DESSE, M.D. and General Meyer…

Court:Supreme Court of Louisiana

Date published: Oct 1, 2004

Citations

883 So. 2d 963 (La. 2004)

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