Opinion
No. 2011–C–2453.
2012-05-25
Alfred DUPREE, et al. v. LOUISIANA MEDICAL MUTUAL INS. CO., et al.
On Writ of Certiorari to the Court of Appeal, Third Circuit, Parish of St. Landry. Judice & Adley, APLC, Marc W. Judice, Michelle Regan Judice, James J. Hautot, Jr., Lafayette, LA, for Applicant. Chopin, Wagar, Richard & Kutcher, LLP, Nelson William Wagar, III, Justin McCarthy Chopin, Daryl K. Washington, Metairie, LA, for Respondent.
On Writ of Certiorari to the Court of Appeal, Third Circuit, Parish of St. Landry.
Judice & Adley, APLC, Marc W. Judice, Michelle Regan Judice, James J. Hautot, Jr., Lafayette, LA, for Applicant. Chopin, Wagar, Richard & Kutcher, LLP, Nelson William Wagar, III, Justin McCarthy Chopin, Daryl K. Washington, Metairie, LA, for Respondent.
Prior report: La.App., 74 So.3d 880.
PER CURIAM.
[2011-2453 (La. 1]We granted defendant's application for a writ of certiorari in this case on February 3, 2012. After receiving briefing from the parties and reviewing the record of the matter, we conclude the judgment below does not require the exercise of this court's supervisory authority. Accordingly, we recall our order of February 3, 2011 as improvidently granted, and we deny defendant's writ application. VICTORY, Justice, dissents with reasons.
WEIMER, Justice, dissents with reasons.
GUIDRY, Justice, dissents and would consider the defendant's writ application.
VICTORY, J., dissenting.
[2011-2453 (La. 1]I respectfully dissent from the majority's decision to recall the writ. Having granted the writ, I would resolve this case on the merits.
WEIMER, J., dissenting.
[2011-2453 (La. 1]I respectfully dissent from the majority's decision to recall the writ. Having granted the writ, I would resolve this case on the merits.