Opinion
No. 2022-OC-00210
04-12-2022
Robert SCHIFF v. Lawrence G. PUGH, III, Frederick T. Haas, III, Alexander L. Burns, and Pugh, Accardo, Haas, Radecker & Carey, L.L.C.
Writ application granted. See per curiam.
PER CURIAM
It is well settled that appeals are favored in the law. Chauvin v. Shell Oil Co ., 2017-43 (La. 3/31/17), 214 So. 3d 855 ; Shell Pipeline Corp. v. Kennedy , 2000-3207 (La. 10/16/01), 799 So. 2d 475, 478 ; General Motors Acceptance Corp. v. Deep South Pest Control Inc. , 247 La. 625, 173 So.2d 190, 191 (1965). Unless the ground urged for dismissal is free from doubt, the appeal should be maintained. Jackson v. Family Dollar Stores of Louisiana Inc. , 2018-0170 (La. 6/27/18), 251 So. 3d 368, 372 ; U.S. Fire Insurance Co. v. Swann , 424 So.2d 240, 244-45 (La. 1982).
Based upon our review, we find the grounds cited by the court of appeal for dismissal of the appeal are not free from doubt. The court of appeal therefore erred in dismissing the appeal.
Accordingly, the writ is granted. The judgment of the court of appeal dismissing the appeal is vacated, and the appeal is reinstated. The case is remanded to the court of appeal for consideration of the appeal on the merits.