Opinion
No. 2023-OC-01589
02-06-2024
Broddie LACOSTE v. Peter DAVENPORT, Willie Daisy, Enid Daisy, and W&E Oysters, Inc.
Crain, J., dissents. McCallum, J., dissents.
Applying For Supervisory Writ, Parish of Terrebonne, 32nd Judicial District Court Number(s) 192008, Court of Appeal, First Circuit, Number(s) 2023 CA 0279, 2023 WL 7271060.
PER CURIAM
1Granted. The court of appeal erred in dismissing the appeal based on the failure of the trial court to properly comply with the court of appeal’s August 24, 2023 interim order. See, e.g., Barnard v. Barnard, 96-0859 (La. 6/24/96), 675 So. 2d 734 (holding the parties should not be penalized for a procedural violation by the trial court).
Accordingly, the appeal is reinstated. The matter is remanded to the court of appeal which is directed to issue a second interim order instructing the trial court to supplement the record on appeal with an amended judgment in compliance with court of appeal’s August 24, 2023 interim order and the provisions of La. Code Civ. P. arts. 1918 and 1951.
Crain, J., dissents.
McCallum, J., dissents.