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Berry v. St. Paul Fire

Supreme Court of Louisiana
Jun 2, 2000
765 So. 2d 319 (La. 2000)

Opinion

No. 2000-CC-1214

June 2, 2000

IN RE: Berry, Manzy Jerry; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. O, Nos. 529-659; to the Court of Appeals, Fifth Circuit, No. 99-C-668


Granted. See Per Curiam.

CDT

PFC

WFM

HTL

CDK

BJJ

JTK


In application no. 99-CC-2553, defendant, St. Paul Fire Marine Insurance Co. ("St. Paul") applied to this court, seeking review of a ruling of the district court denying its motion for summary judgment and the court of appeal's denial of its application for supervisory relief. On November 19, 1999, this court remanded the case to the court of appeal for briefing, argument and opinion. On March 16, 2000, the court of appeal rendered a three-paragraph opinion, stating, in pertinent part:

We assume from the Supreme Court's order that it is in disagreement with our original writ disposition. Accordingly, we grant writs and reverse our original ruling. Further, we grant summary judgment in favor of St. Paul.

Plaintiff now seeks review of that judgment, contending the Court of appeal failed to comply with the mandate of this court to render an opinion after briefing and argument by the parties. We agree.

In remanding cases to the appellate courts for briefing, argument and opinion, this court selects cases in which more detailed consideration of the law and facts pursuant to the court of appeal's supervisory jurisdiction is warranted. The court's intent in remanding these cases is not to require the court of appeal to reach a certain result in its opinion. Rather, the court of appeal is free to reach any result which it believes is required under the law, in light of the briefing and/or argument by the parties, supporting its conclusions by means of a full opinion.

Accordingly, the writ is granted. The judgment of the court of appeal is vacated, and the case is remanded to the court of appeal for further proceedings consistent with this court's order of November 19, 1999.

VICTORY, J., not on panel.


Summaries of

Berry v. St. Paul Fire

Supreme Court of Louisiana
Jun 2, 2000
765 So. 2d 319 (La. 2000)
Case details for

Berry v. St. Paul Fire

Case Details

Full title:MANZY JERRY BERRY v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY

Court:Supreme Court of Louisiana

Date published: Jun 2, 2000

Citations

765 So. 2d 319 (La. 2000)