Opinion
No. 93-CC-1087.
April 26, 1993.
In re Smallwood, Roger; Smallwood, Dawn; — Plaintiff(s); applying for supervisory and/or remedial writs; Parish of St. Bernard, 34th Judicial District Court, Div. "B", No. 59-787; to the Court of Appeal, Fourth Circuit, No. 93CW-0313.
Granted. The summary judgment is reversed for the reasons assigned by Judge Charles R. Jones. Case remanded to trial court for further proceedings.
HALL, J., concurs in setting aside the "declaratory" judgment (actually a partial summary judgment) because there remain genuine issues of material fact on the policy limits.
CALOGERO, C.J., concurs for the reasons assigned by HALL, J.
KIMBALL, J., concurs for reasons set forth by HALL, J.
LEMMON, J., not on panel.