Opinion
2022-C-01688
02-07-2023
JOSE RODRIGUEZ-ZALDIVAR AND DYLCIO RODGRIGUEZ CRUZ v. CHARLES LEGGETT AND PROGRESSIVE CASUALTY INSURANCE COMPANY
Progressive Security Insurance Company - Applicant Defendant; Applying For Writ Of Certiorari, Parish of Orleans Civil, Civil District Court Number(s) 2015-12246, Court of Appeal, Fourth Circuit, Number(s) 2021-CA-0478;
Writ application granted. See per curiam.
JDH
JLW
SJC
JTG
WJC
JBM
PDGt
On Writ of Certiorari to the Court of Appeal, Fourth Circuit, Parish of Orleans Civil
PER CURIAM.
Granted. Although the court of appeal correctly found the district court made an evidentiary error affecting the judgment, for the reasons set forth by Judge Dysart, we find the court abused its discretion in remanding the case for a new trial. Because the record is otherwise complete, the appellate court should make its own independent de novo review of the record and determine the sufficiency of the evidence. Cook v. Sullivan, 2020-01471 (La. 9/30/21), 330 So.3d 152, 157, reh'g denied, 2020-01471 (La. 12/7/21), 347 So.3d 863. Accordingly, the judgment of the court of appeal is vacated and set aside insofar as it remands the case for a new trial, and the case is remanded to the court of appeal to conduct a de novo review of the record and render judgment accordingly.