Broddie Lacoste v. Peter Davenport, Willie Daisy, Enid Daisy, And W&e Oysters, Inc.

Supreme Court of Louisiana
February 06, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
BRODDIE LACOSTE
VS.
PETER DAVENPORT, WILLIE DAISY, ENID
DAISY, AND W&E OYSTERS, INC.
No. 2023-OC-01589
_ _
_ _ _ _
I
N RE: Broddie Lacoste - Applicant Plaintiff; Applying For Supervisory Writ, Parish
of Terrebonne, 32nd Judicial District Court Number(s) 192008, Court of Appeal,
First Circuit, Number(s) 2023 CA 0279;
_ _ _ _ _ _
February 06, 2024
Writ application granted. See per curiam.
Crain, J., dissents.
McCallum, J., dissents.
JTG
JLW
JDH
SJC
PDG
02/06/2024 "See News Release 007 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No.
2023-OC-01589
BR
ODDIE LACOSTE
V
S.
PE
TER DAVENPORT, WILLIE DAISY, ENID DAISY, AND W&E
OYSTERS, INC.
On Supervisory Writ to the 32nd Judicial District Court, Parish of Terrebonne
P
ER CURIAM
Gr
anted. 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 a ppeal with an amended judgment in compliance with
court of appeal’s August 24, 2023 interim order and the provisions of La. Code Civ.
P. a
rts. 1918 and 1951.
02/06/24