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Clark v. Taylor

Supreme Court of Louisiana
Jun 30, 1997
697 So. 2d 240 (La. 1997)

Opinion

97-CC-1059

June 30, 1997

IN RE: Clark, Jack; Clark, Myrtle Reid; — Plaintiff(s); Applying for Supervisory and/or Remedial Writs; Parish of Tangipahoa 21st Judicial District Court Div. E Number 85-644, 91-03387; to the Court of Appeal, First Circuit, Number CW96 2002


Order issued 6/13/97 withdrawn. See revised per curiam dated 6/30/97.

PFC

HTL

CDK

BJJ

JPV

CDT

JTK

MARCUS, J., — not on panel.


Granted. The trial judge was incorrect in ruling that he was divested of jurisdiction to try the issue of quantum while the judgment on liability in the bifurcated trial was on appeal. Pursuant to La. Code Civ.Proc. art. 1915B, the trial court retains jurisdiction to adjudicate the remaining issues in the case while the appeal of the judgment on liability is pending.See also La.Civ. Code art. 2088. Nevertheless, the trial judge has the discretion not to proceed with the issue of damages pending the appeal. It is therefore appropriate to vacate the ruling and to remand the case to the trial judge for a discretionary determination of whether to proceed.

Accordingly, the judgment of the trial court is vacated and set aside, and the case is remanded to the trial court to determine, in its discretion, whether a stay of the damages phase is warranted under the facts of this case.


Summaries of

Clark v. Taylor

Supreme Court of Louisiana
Jun 30, 1997
697 So. 2d 240 (La. 1997)
Case details for

Clark v. Taylor

Case Details

Full title:JACK CLARK AND MYRTLE REID CLARK vs. JOHN S. TAYLOR, JR. AND BONNIE NELSON…

Court:Supreme Court of Louisiana

Date published: Jun 30, 1997

Citations

697 So. 2d 240 (La. 1997)

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We disagree. A similar argument was rejected by the supreme court in Clark v. Taylor, 97-1059 (La. 6/30/97),…