Pontchartrain Materials Corp. v. Quick Recovery Coatings Services, Inc.

hi respectfully dissent and would, pursuant to La. C.C.P. art. 2164, remand the matter to the trial court in order for the trial judge to consider whether “exceptional circumstances justify relief from the res judicata effect” of the judgment which dismissed with prejudice Quick Recovery’s third-party demand against Stolt. See LA. R.S. 13:4232 A(l). See Jenkins v. State, 615 So.2d 405, 406 (La.App. 4th Cir.1993) (noting that statute “is designed to allow the court to balance the principle of res judicata with the interests of justice”); see also McClendon v. State, Dept. of Transp. and…