Mary v. Lupin Foundation

COLE, Justice.

This matter was consolidated for purposes of oral argument before this court with a suit bearing the same title, our docket number 92-CC-0784. We render a separate opinion this day in 92-CC-0784, 609 So.2d 184.

ISSUE

The issue presented in this case is whether the court of appeal properly denied Lexington Insurance Company’s supervisory writ application which sought review of the trial court’s denial of Lexington’s summary judgment motion. We conclude the court of appeal did not give proper consideration to Lexington’s writ application because it failed to recognize all elements…