Succession of Manheim

Supreme Court of Louisiana

Succession of Manheim

855 So. 2d 286, 2003 La. LEXIS 2316, 2003 WL 22300157

CourtSupreme Court of Louisiana

DecidedAugust 18, 2003

DocketNo. 2003-OC-1785

StatusPublished

This text of 855 So. 2d 286 (Succession of Manheim) 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.

Bluebook

Succession of Manheim, 855 So. 2d 286, 2003 La. LEXIS 2316, 2003 WL 22300157 (La. 2003).

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Opinion

In re Cohen, Gayle Manheim; Weitz, Edward L.; Lipschutz, Sandra Weitz;— Other(s); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. B, Nos. 95-2276, 96-13670; to the Court of Appeal, Fourth Circuit, No(s). 2002-CA-0282, 2002-CA-0283.

Granted. In the context of reviewing the October 31, 2002 judgment, the court of appeal will be called upon to consider the trial court’s finding that the April 18, 2001 judgment is final. Under these circumstances, the court of appeal was premature in acting on the motion to dismiss. Accordingly, the judgment of the court of appeal granting the motion to dismiss is vacated and the court of appeal is ordered to refer the motion to the merits.

TRAYLOR, J., would deny the writ.

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In re Cohen, Gayle Manheim; Weitz, Edward L.; Lipschutz, Sandra Weitz;— Other(s); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. B, Nos. 95-2276, 96-13670; to the Court of Appeal, Fourth Circuit, No(s). 2002-CA-0282, 2002-CA-0283.

Granted. In the context of reviewing the October 31, 2002 judgment, the court of appeal will be called upon to consider the trial court’s finding that the April 18, 2001 judgment is final. Under these circumstances, the court of appeal was premature in acting on the motion to dismiss. Accordingly, the judgment of the court of appeal granting the motion to dismiss is vacated and the court of appeal is ordered to refer the motion to the merits.

TRAYLOR, J., would deny the writ.

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Bluebook (online)

855 So. 2d 286, 2003 La. LEXIS 2316, 2003 WL 22300157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/succession-of-manheim-la-2003.