BRODDIE LACOSTE v. PETER DAVENPORT WILLIE DAISY ENID DAISY AND OYSTERS INC (2024)

Writ application granted. See per curiam.

JTG

JLW

JDH

SJC

PDG

Supreme Court of Louisiana February 06, 2024

02/06/24

SUPREME COURT OF LOUISIANA

No. 2023-OC-01589

BRODDIE LACOSTE

VS.

PETER DAVENPORT, WILLIE DAISY, ENID DAISY, AND W&E OYSTERS, INC.

On Supervisory Writ to the 32nd Judicial District Court, Parish of Terrebonne

PER CURIAM

Granted. The court of appeal erred in dismissing the appeal based on the failure of the trial court to properly comply with the court of appeal's August 24, 2023 interim order. See, e.g., Barnard v. Barnard, 96-0859 (La. 6/24/96), 675 So. 2d 734 (holding the parties should not be penalized for a procedural violation by the trial court).

Accordingly, the appeal is reinstated. The matter is remanded to the court of appeal which is directed to issue a second interim order instructing the trial court to supplement the record on appeal with an amended judgment in compliance with court of appeal's August 24, 2023 interim order and the provisions of La. Code Civ. P. arts. 1918 and 1951.

Crain, J., dissents. McCallum, J., dissents.