From Casetext: Smarter Legal Research

Bowman v. Weill Const. Co.

Supreme Court of Louisiana
Sep 19, 1986
494 So. 2d 314 (La. 1986)

Opinion

No. 86-C-1187.

September 19, 1986.


Granted. The judgment of the court of appeal dismissing plaintiffs' appeal is reversed, and the appeal is reinstated. A memorandum in support of a motion for new trial, filed within the delay for applying for a new trial, clearly indicates that the party is applying for a new trial and should be treated as a timely application. The articles of the Code are to be construed liberally, with due regard for the fact that rules of procedure implement the substantive law and are not an end in themselves. La.C.C.P. Art. 5051. The court of appeal erred in dismissing as untimely plaintiffs' appeal as to Beaver.

The court of appeal also erred in declaring moot plaintiffs' appeal as to AMCA. Although plaintiffs only assigned as error the granting of the exception of res judicata, they obviously were also seeking review of the summary judgment which was the basis for the exception and which was complained of in the brief.

The case is remanded for consideration of the appeal on the merits.


Summaries of

Bowman v. Weill Const. Co.

Supreme Court of Louisiana
Sep 19, 1986
494 So. 2d 314 (La. 1986)
Case details for

Bowman v. Weill Const. Co.

Case Details

Full title:MARJORIE FREDERICK BOWMAN, INDIVIDUALLY ON BEHALF OF HER MINOR SON…

Court:Supreme Court of Louisiana

Date published: Sep 19, 1986

Citations

494 So. 2d 314 (La. 1986)

Citing Cases

Hill v. Abraham

The issue of causation is a proper subject for review on this record and as between these two parties, and,…

Bowman v. Weill Const. Co.

For the reasons hereafter set forth, we decide the issues in both appeals in this opinion but render separate…