Glover v. Shiflett Transport Services, Inc.
Louisiana Court of Appeal
1Dissent
| iMURRAY, Judge,
dissenting with reasons:
I must respectfully dissent, because I find that the judgment at issue must be reversed under this court’s holding in Walker v. Schwegmann Giant Supermarkets, Inc., 95-1934 (La.App. 4th Cir. 3/14/96), 671 So.2d 983.
In Walker, the trial court granted the defendants’ motion to strike an amending petition in its entirety, based upon the argument that although it added a new defendant, it was filed solely to assert an untimely jury demand. This court first noted that because a motion to strike was not the proper means to obtain the dismissal of a claim,…
2Cases cited2 opinions
- Day v. Campbell-Grosjean Roofing & Sheet Metal Corp.Supreme Court of Louisiana · 1971
- Walker v. Schwegmann Giant SupermarketsLouisiana Court of Appeal · 1996