St. Bernard Memorial Funeral Home, Inc. v. Doody Group, Inc.

Supreme Court of Louisiana

St. Bernard Memorial Funeral Home, Inc. v. Doody Group, Inc.

822 So. 2d 599, 2002 La. LEXIS 2347, 2002 WL 1941567

CourtSupreme Court of Louisiana

DecidedAugust 5, 2002

DocketNo. 2002-CC-1675

StatusPublished

Cited by1 cases

This text of 822 So. 2d 599 (St. Bernard Memorial Funeral Home, Inc. v. Doody Group, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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St. Bernard Memorial Funeral Home, Inc. v. Doody Group, Inc., 822 So. 2d 599, 2002 La. LEXIS 2347, 2002 WL 1941567 (La. 2002).

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In re St. Bernard Memorial Funeral Home Inc.;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. L, No. 574-847; to the Court of Appeal, Fifth Circuit, No. 02-C-473.

Granted. The court of appeal erred in finding the judgment of the trial court compelling arbitration was final and ap-pealable. A judgment compelling arbitration is interlocutory in nature and not subject to an immediate appeal. Collins v. Prudential Ins. Co., 99-1423 at p. 6 (La.1/19/00), 752 So.2d 825, 829. Although supervisory relief may be appropriate under the facts and circumstances of a particular case, such relief should be applied sparingly. Id. at 9, 752 So.2d at 831.

Because the court of appeal erroneously believed it did not have supervisory jurisdiction in this case, it did not reach the issue of whether such releif was warranted in this case. Accordingly, the case is remanded to the court of appeal to determine, in light of Collins, whether supervisory relief is appropriate under the facts and circumstances of this case.

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In re St. Bernard Memorial Funeral Home Inc.;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. L, No. 574-847; to the Court of Appeal, Fifth Circuit, No. 02-C-473.

Granted. The court of appeal erred in finding the judgment of the trial court compelling arbitration was final and ap-pealable. A judgment compelling arbitration is interlocutory in nature and not subject to an immediate appeal. Collins v. Prudential Ins. Co., 99-1423 at p. 6 (La.1/19/00), 752 So.2d 825, 829. Although supervisory relief may be appropriate under the facts and circumstances of a particular case, such relief should be applied sparingly. Id. at 9, 752 So.2d at 831.

Because the court of appeal erroneously believed it did not have supervisory jurisdiction in this case, it did not reach the issue of whether such releif was warranted in this case. Accordingly, the case is remanded to the court of appeal to determine, in light of Collins, whether supervisory relief is appropriate under the facts and circumstances of this case.

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822 So. 2d 599, 2002 La. LEXIS 2347, 2002 WL 1941567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-bernard-memorial-funeral-home-inc-v-doody-group-inc-la-2002.

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