Opinion
No. 90-600.
November 16, 1990.
APPEAL FROM SIXTEENTH JUDICIAL DISTRICT COURT, PARISH OF ST. MARTIN, STATE OF LOUISIANA, HONORABLE ROBERT M. FLEMING, J.
Gauthier Cedars, Stanford B. Gauthier II, Breaux Bridge, for plaintiff-appellee Mover in Motion to Dismiss.
Preisk Kraft, Andrew H. Meyers, Lafayette, for defendant-appellant St. Katherine.
Jones, Walker, Waechter, Poitevent, Carrere Denegre, Vivian L. Madison, New Orleans, for defendant-appellant Voyager.
George McHugh, St. Martinville, Aaron Allen, Lafayette, for plaintiff-appellee.
Before GUIDRY, KNOLL and KING, JJ.
WRIT GRANTED AND MADE PEREMPTORY This court, ex proprio motu, converts appellants' appeal to an application for supervisory writs and renders the following opinion on this writ application. See Smith v. Louisiana Department of Public Safety, 571 So.2d 666 (La.App. 3rd Cir. 1990).
The facts of the instant case are set forth in the opinion of this court rendered this date on appellee's Motion To Dismiss Appeal. As noted in that opinion, appellants argue that the trial court erred in rendering a judgment in the concursus proceeding which did not decide the issue of appellants' liability aside from entitlement to the amounts deposited into the registry of the court. For the reasons given in our decision on the Motion To Dismiss Appeal, we reverse and set aside the order of the trial court granting summary judgment and remand the matter to the trial court for further proceedings consistent with the views expressed. Appellee, Farmers-Merchants Bank and Trust Company, is cast for all costs of this appeal. Costs at the trial court level are to await a final determination of this matter.
REVERSED AND REMANDED.