JOSE RODRIGUEZ ZALDIVAR AND DYLCIO RODGRIGUEZ CRUZ v. CHARLES LEGGETT AND PROGRESSIVE CASUALTY INSURANCE COMPANY (2023)

Writ application granted. See per curiam.

JDH

JLW

SJC

JTG

WJC

JBM

PDG

Supreme Court of Louisiana February 07, 2023

02/07/23

February 7, 2023

SUPREME COURT OF LOUISIANA

No. 2022-C-01688

JOSE RODRIGUEZ-ZALDIVAR AND DYLCIO RODGRIGUEZ CRUZ

VS.

CHARLES LEGGETT AND PROGRESSIVE CASUALTY INSURANCE COMPANY

On Writ of Certiorari to the Court of Appeal, Fourth Circuit, Parish of Orleans Civil

PER CURIAM

Granted. Although the court of appeal correctly found the district court made an evidentiary error affecting the judgment, for the reasons set forth by Judge Dysart, we find the court abused its discretion in remanding the case for a new trial. Because the record is otherwise complete, the appellate court should make its own independent de novo review of the record and determine the sufficiency of the evidence. Cook v. Sullivan, 2020-01471 (La. 9/30/21), 330 So. 3d 152, 157, reh'g denied, 2020-01471 (La. 12/7/21), 347 So. 3d 863. Accordingly, the judgment of the court of appeal is vacated and set aside insofar as it remands the case for a new trial, and the case is remanded to the court of appeal to conduct a de novo review of the record and render judgment accordingly.