Summary
In LeBlanc, 444 So.2d 738 (La.App. 5th Cir. 1984), this court applied the presumption of correctness of judgment where a hearing was set on the district court level but no witnesses called, no documentary evidence introduced and no depositions, affidavits or statements offered.
Summary of this case from Succession of MontegutOpinion
No. 84-C-0513.
April 23, 1984.
In re William R. LeBlanc, applying for Writ of Certiorari, or Review, to the Fifth Circuit Court of Appeal, No. 83-CA-524, from the Twenty-Fourth Judicial District Court, Parish of Jefferson, No. 253-995.
ORDER
Pursuant to this Court's authority to render any judgment which is just, legal and proper (La.C.C.P. art. 2164), the judgments of the Court of Appeal, and the district court are reversed and set aside. The case is remanded to the district court for retrial of the motion to set aside the release, with presentation of evidence and opportunity to preserve testimony by means of a transcript.
If the parties agree, and choose to do so, they may stipulate to the facts or, if appropriate, they may agree upon a narrative of facts on which to secure a new ruling of the district court, thereby facilitating an appeal, and permitting the Court of Appeal then to decide the case on its merits rather than upon procedural deficiencies.
MARCUS, BLANCHE and LEMMON, JJ., dissent.