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Landry v. Aetna Insurance Co.

Henry LANDRY, Sr. v. AETNA INSURANCE COMPANY Lonnie LANDRY v. AETNA INSURANCE COMPANY

Landry v. Aetna Ins. Co., 442 So. 2d 440 (La. 1983)
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Court
Supreme Court of Louisiana · State Highest Courts
Decided
December 16, 1983
Docket
No. 83-C-2303
Judges
Deny, From, Lemmon, Marcus, Watson
Citations
442 So. 2d 4401983 La. LEXIS 12377
Cited by 11

Opinion of the Court

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In Re: Henry Landry, Sr. and Lonnie Landry, applying for Writ of Certiorari or Review, to the Court of Appeal, Fourth Circuit, No. 12593; Parish of Orleans, Civil District Court, No. 78-648.

Case Below: 438 So.2d 628 .

Granted. Reversed and remanded to the court of appeal to reconsider. The “law of the case” doctrine is a “discretionary guide” and has no application when an appellate court reviews a ruling of the district court or when there is palpable error in a prior ruling. See CCP 2164, comment (a), and Petition of Sewerage & Water Board of New Orleans, La., 278 So.2d 81 .

MARCUS and WATSON, JJ., would deny and dissent from the order.

Concurrence — Lemmon

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LEMMON, J.,

concurs with reasons. Our inadvertent denial of certiorari on the issue of Lonnie Landry’s negligence in the consolidated case causes complications in the present case. However, the fact that the judgment in the consolidated ease is now definitive does not preclude an independent determination of Lonnie Landry’s demands in this case.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

View all citing references →
1986: 11989: 11995: 31998: 12002: 12008: 12009: 12015: 12017: 119862026peak 1995 · 3

Relies on it most ⓘ

  1. Landry v. Blaise, Inc.829 So. 2d 661 (La. Ct. App. 2002)
  2. Turner v. Pelican661 So. 2d 1065 (La. Ct. App. 1995)
  3. Lejano v. Bandak705 So. 2d 158 (La. 1998)
  4. Vincent v. Dodge652 So. 2d 84 (La. Ct. App. 1995)
  5. McElroy v. Continental Casualty Co.15 So. 3d 377 (La. Ct. App. 2009)
  6. Tolis v. BD. OF SUP'RS OF LA. STATE UNIV. & AGR. & MECHANICAL COLLEGE655 So. 2d 747 (La. Ct. App. 1995)

Most recent

  1. Hansen v. River Cities Disposal Co.245 So. 3d 213 (La. Ct. App. 2017)
  2. Herrera v. Beatrice Gallegos & Usagencies Casualty Insurance178 So. 3d 164 (La. Ct. App. 2015)
  3. McElroy v. Continental Casualty Co.15 So. 3d 377 (La. Ct. App. 2009)
  4. Moore v. Kenilworth/Kailas Properties978 So. 2d 475 (La. Ct. App. 2008)
  5. Landry v. Blaise, Inc.829 So. 2d 661 (La. Ct. App. 2002)
  6. Lejano v. Bandak705 So. 2d 158 (La. 1998)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Petition of Sewerage & Water Bd. of New Orleans, 278 So. 2d 81 (La. 1973) 123
Landry v. Aetna Ins. Co., 438 So. 2d 628 (La. Ct. App. 1983) 4

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