Legal Opinion · Concurrence

Rider v. Priola Construction Corp.

Louisiana Court of Appeal

Decided April 21, 2010No. 09-1294Published

1ConcurrenceChatelain, Judge

| ,1 concur in the present case only to express my view on the necessity of assignments of error in cases before the appellate court that do not involve designated portions of the record. Even though there was no assignment of error in the present case involving this issue, there can be no question that this court has the right to address the propriety of the January 9, 2009 order of dismissal “with prejudice” by the trial court.

Louisiana Code of Civil Procedure Article 2129 and its Official Revision Comment read as follows:

Art. 2129. Assignment of errors unnecessary; exception

An assignment…

2Cases cited9 opinions

  1. Reed v. Peoples State Bank of ManyLouisiana Court of Appeal · 2003
  2. Richey v. FettyLouisiana Court of Appeal · 1998
  3. ST. TAMMANY PARISH SEWERAGE DIST. v. MonjureLouisiana Court of Appeal · 1995
  4. Mayo v. Nissan Motor Corp.Louisiana Court of Appeal · 1994
  5. Total Sulfide Services v. Secorp Indus.Louisiana Court of Appeal · 1996

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