LeBlanc v. Modern Flooring, Inc.
Also decided on this docket: La. Ct. App. 1st Cir., December 11, 1991 591 So. 2d 1240
LeBlanc v. Modern Flooring, Inc., 603 So. 2d 764 (La. Ct. App. 1st Cir. 1992).
Cited by
- Harmon v. Louisiana Insurance Guaranty Ass'n 654 So. 2d 815 La. Ct. App. 1st Cir. 1995
Authorities cited
Identified automatically; this list may not be exhaustive.
- LeBlanc v. Modern Flooring, Inc. 591 So. 2d 1240
- In re Confidential Party (G.N.W.) 596 So. 2d 543
Opinion text
ON REMAND FROM THE SUPREME COURT KLIEBERT, Chief Judge. This matter comes before us on remand from the Supreme Court 1 wherein our opinion was vacated and set aside because “[i]t appears that the remand ordered by the court of appeal would result in a reduction of plaintiffs award. This would be improper. Defendants did not appeal or answer the appeal ...” Since a computation made as directed by our opinion, 591 So.2d 1240 , would result in a reduction of benefits to plaintiff and the judgment is definitive against defendants, a remand would serve no purpose. Thus, the award for past due supplemental earnings benefits of $12,781.71 and the finding that plaintiffs average monthly wage at the time of the accident was $1,105.44 are affirmed. The denial of plaintiffs request for penalties and attorneys fees is also affirmed. AFFIRMED. . LeBlanc v. Modern Flooring, Inc., et al., 596 So.2d 543 (La.1992).