Edgefield v. Audubon Nature Inst., Inc.
Decision Date | 18 January 2019 |
Docket Number | NO. 2018-CC-1782,2018-CC-1782 |
Citation | 261 So.3d 776 (Mem) |
Parties | Carl EDGEFIELD v. AUDUBON NATURE INSTITUTE, INC., Audubon Commission and Scottsdale Insurance Company |
Court | Louisiana Supreme Court |
ON SUPERVISORY WRITS TO THE CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS
Granted. We find the court of appeal erred in construing relator's appeal as being limited to the September 26, 2017 judgment denying the motion for new trial. As explained by the dissenting judge in the court of appeal, the arguments in relator's appellate brief are broad enough to encompass both the September 7, 2017 final judgment granting summary judgment and dismissing relator's suit with prejudice as well as the September 26, 2017 interlocutory judgment denying the motion for new trial.
It is well settled that appeals are favored in the law and should be maintained unless a legal ground for dismissal is clearly shown. U.S. Fire & Insurance Co. v. Swann , 424 So.2d 240 (La. 1982). In the absence of any clear indication that relator intended to limit his appeal to the September 26, 2017 interlocutory judgment, we fi...
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Edgefield v. Audubon Nature Inst., Inc.
...Mr. Edgefield intended to appeal the trial court's granting of Defendants' Motion for Summary Judgment. Edgefield v. Audubon Nature Inst., Inc. , 18-1782 (La. 1/18/19), 261 So.3d 776.On remand, Mr. Edgefield asserts that the trial court erred by granting Defendants' Motion for Summary Judgm......
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...is served by dismissing Warmer's valid appeal.Given that appeals are favored in the law, see Edgefield v. Audubon Nature Institute, Inc., 2018-1782 (La. 1/18/19), 261 So.3d 776 (per curiam), for the forgoing reasons, we maintain Wanner's appeal. Accordingly, Setpoint's motion to dismiss is ......
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