Opinion
No. 65526.
October 8, 1979.
In re: Marlene Jacobs, et al., applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans, No. 9446.
Granted. The order of the Court of Appeal is amended to permit either or both sides to adduce evidence in the trial court on the remand.
SUMMERS, C. J., would deny the writ.
TATE, J., would grant the writ. Under our previous construction of pleadings, both parties had adequate notice and opportunity to defend on an issue squarely posed by the evidence and decided by the trial court.