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Order issued 6/13/97 withdrawn.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.