Legal Opinion · Dissent

Boh v. James Industrial Contractors

Louisiana Court of Appeal

Decided February 11, 2004No. 2003-C-1211Published

1Dissent

11ARMSTRONG, C.J.,

dissents with reasons.

Finding no abuse of the trial court’s broad discretion in matters of consolidation, I would deny relator’s writ application. Therefore, I respectfully dissent.

The articles of the Code of Civil Procedure are to be construed liberally, and with due regard for the fact that rules of procedure implement the substantive law and are not an end in themselves. La. C.C.P. art. 5051. La. C.C.P. art. 1561 can have no possible purpose other than the promotion of judicial efficiency and judicial economy.

It is as much within the discretion of the trial court to…

2Cases cited3 opinions

  1. Johnson v. First Nat. Bank of ShreveportLouisiana Court of Appeal · 2001
  2. State v. Sprint Communications Co., LPSupreme Court of Louisiana · 1997
  3. In re DendingerLouisiana Court of Appeal · 1999

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