Richard Bryant Logan and Carrie Logan v. Dr. Donald Paul Schwab, Jr.

193 So. 3d 118, 2016 WL 3129102, 2016 La. LEXIS 1308

• Court: Supreme Court of Louisiana
• Decided: May 27, 2016
• Docket: 2015-C -1508
• Status: Published

Opinions

PER CURIAM.

lilt is well'settled that a new trial should be ordered‘when the court is convinced by an examination of the facts that the judgment would result in a miscarriage of justice. Lamb v. Lamb, 430 So.2d 51, 53 (La.1983). Having reviewed the'record and considering the briefs and oral argument of the parties, we are convinced that the trial judge’s actions resulted in a miscarriage of justice,- Therefore, considering the unique and narrow facts presented, we conclude a new trial must be granted.

DECREE

For the reasons assigned, the judgment of the district court denying the motion for new trial is reversed. Plaintiffs’ motion for new trial is granted. The case is remanded to the district' court for further proceedings.

JOHNSON, Chief Justice, concurs and assigns-reasons. WEIMER, Justice, dissents and assigns reasons. CLARK, Justice, dissents with reasons. CRICHTON, Justice, dissents with reasons.