Hicks v. Millers Casualty Insurance Co. of Texas

Supreme Court of Louisiana

Hicks v. Millers Casualty Insurance Co. of Texas

683 So. 2d 257, 1996 La. LEXIS 3083, 1996 WL 658998

Supreme Court of Louisiana·Decided November 8, 1996·No. No. 96-CC-1954·Published

Opinion

In re Hicks, Loran; Hicks, Stephanie St. Romain; — Plaintiffs); applying for supervisory and/or remedial writs; to the Court of Appeal, Third Circuit, No. CW96-0624; Parish of St. Landry, 27th Judicial District Court, Div. “B”, No. 95-C-0340.

Granted in part, denied in part. It appears that a written judgment was contemplated from the March 1, 1996 ruling on the second motion for summary judgment. See Kosmitis v. Bailey, 96-1573 (La. 10/4/96), 680 So.2d 1167. Therefore, relator’s application for a return date on April 4, 1996 from the March 25, 1996 judgment was timely. Accordingly, the judgment of the court of appeal is vacated and set aside insofar as it holds the application for writs from the March 25, 1996 judgment is untimely, and the case is remanded to the court of appeal for consideration of the March 25,1996 judgment on the merits. Otherwise, denied.

JOHNSON, J., not on panel.

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In re Hicks, Loran; Hicks, Stephanie St. Romain; — Plaintiffs); applying for supervisory and/or remedial writs; to the Court of Appeal, Third Circuit, No. CW96-0624; Parish of St. Landry, 27th Judicial District Court, Div. “B”, No. 95-C-0340.

Granted in part, denied in part. It appears that a written judgment was contemplated from the March 1, 1996 ruling on the second motion for summary judgment. See Kosmitis v. Bailey, 96-1573 (La. 10/4/96), 680 So.2d 1167. Therefore, relator’s application for a return date on April 4, 1996 from the March 25, 1996 judgment was timely. Accordingly, the judgment of the court of appeal is vacated and set aside insofar as it holds the application for writs from the March 25, 1996 judgment is untimely, and the case is remanded to the court of appeal for consideration of the March 25,1996 judgment on the merits. Otherwise, denied.

JOHNSON, J., not on panel.

Hicks v. Millers Casualty Insurance Co. of Texas, 683 So. 2d 257, 1996 La. LEXIS 3083, 1996 WL 658998 (La. 1996).

Pincite

683 So. 2d 257 (Hicks v. Millers Casualty Insurance Co. of Texas) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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