Clark v. Taylor
Clark v. Taylor, 697 So. 2d 240 (La. 1997).
Cited by
- Plaquemines Port Harbor & Terminal District v. Tuan Nguyen La. 2026
- John Callis v. Greater Alexandria Economic Development Authority La. Ct. App. 3d Cir. 2025
- Consolidated With 2024-CA-0096 DONOVAN FREMIN, STAN GUIDROZ, WILLIAM EDWIN JUDSON, JR., LUKE LABRUZZO, JR., … La. 2025
- State of Louisiana v. Felton Thompson La. 2025
- Watson Memorial Spiritual Temple of Christ D/B/A Watson Memorial Teaching Ministries, Charlotte Brancaforte, Elio … La. 2024
- Watson Memorial Spiritual Temple of Christ D/B/A Watson Memorial Teaching Ministries, Charlotte Brancaforte, Elio … La. Ct. App. 4th Cir. 2023
- Steve Crooks, Et Al. v. State Of Louisiana Through The Department Of Natural Resources La. 2023
- Kayla M. Neville Versus John W. Redmann, Law Office of John W. Redmann, LLC, … La. Ct. App. 5th Cir. 2022
- John L. Soileau v. Churchill Downs Louisiana Horseracing Company, L.L.C.,. Churchill Downs Louisiana Video … La. Ct. App. 4th Cir. 2021
- Arnold Lowther, Et Al. v. Town Of Bastrop La. 2021
- Louisiana State University System Board of Supervisors Through Louisiana State University Veterinarian Teaching Hospital … La. Ct. App. 3d Cir. 2021
- Judge Janice Clark, Louisiana Voters For An Experienced Judiciary, And All Other Judges Similarly … La. 2020
Opinion text
PER CURIAM. * Granted. The trial judge was incorrect in ruling that he was divested of jurisdiction to try the issue of quantum while the judgment on liability in the bifurcated trial was on appeal. Pursuant to La.Code CivJProc. art. 1915B, the trial court retains jurisdiction to adjudicate the remaining issues in the case while the appeal of the judgment on liability is pending. See also La.Civ.Proc. art. 2088. Nevertheless, the trial judge has the discretion not to proceed with the issue of damages pending the appeal. It is therefore appropriate to vacate the ruling and to remand the case to the trial judge for a discretionary determination of whether to proceed. Accordingly, the judgment of the trial court is vacated and set aside, and the ease is remanded to the trial court to determine, in its discretion, whether a stay of the damages phase is warranted under the facts of this case. Marcus, J., not on panel.