Opinion
No. 2000-KH-0172
September 5, 2000.
IN RE: Olivieri, William; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. J, Nos. 90673; to the Court of Appeal, Fifth Circuit, No. 98-KH-759.
Granted. See order attached. (consolidate with 00-KP-1767)
HTL
PFC
CDK
BJJ
JPV
CDT
JTK
The application for rehearing filed by defendant is granted in part.
The only issue defendant raised is the propriety and amount of the judgment awarding expert witness fees. Because the court of appeal ruled in defendant's favor, that court did not reach this issue, and we did not grant certiorari to discuss that issue. Thus, it is appropriate for the court of appeal to consider defendant's arguments regarding expert witness fees on remand.
Accordingly, the application for rehearing is granted in part, and the case is remanded to the court of appeal to consider and rule on the expert witness fees issues raised by defendant. Otherwise, denied.