No. 6388 Precedential Dismissed Processed

Breaux v. Texas & Pacific Railway Co.

Louisiana Court of Appeal, First Circuit · Filed January 14, 1966 · 182 So. 2d 551

Also decided on this docket: La. Ct. App. 1st Cir., April 12, 1965 176 So. 2d 640; La., November 15, 1876 28 La. Ann. 889

Authorities cited

Identified automatically; this list may not be exhaustive.

Opinion text

PER CURIAM. In this case, judgment was rendered in the district court in favor of plaintiffs and against Texas and Pacific Railway Co., Inc., D. J. Toney and Fred W. Wilson, Sr. The judgment was silent relative to an alternative demand against American Employers’ Insurance Company. The judgment appealed from was reversed, and plaintiff’s suit was dismissed. In the opinion, reported in La.App., 176 So.2d 640 , at page 650, the question of the disposition of the alternative demand was disposed of adversely to plaintiffs. The judgment is now final, writs having been refused by the Supreme Court of this state, 178 So.2d 660 . The motion to remand seeks to have the case returned to the district court for a decision on the merits of the alternative demand. The motion is without merit, since the question was disposed of by this Court. Further, since all issues in this case have been disposed of, this Court no longer has jurisdiction to remand. Accordingly the motion to remand is overruled.