CLEMENT v. GRIFFIN, 571 So.2d 627 (La. 1990)

DAVEY PAUL CLEMENT v. BRENT S. GRIFFIN, ET AL. AND ALL OTHER CONSOLIDATED CASES.

No. 90-CC-2138.Supreme Court of Louisiana.
November 30, 1990.

In re Goodyear Tire Rubber Co.; — Defendant(s); applying for supervisory

West Page 628

and/or remedial writs; Parish of Orleans, Civil District Court, Div. “H”, No. 86-21753; to the Court of Appeal, Fourth Circuits, Nos. 90CW-0504, 90CW-0510, 90CW0543.

[1] Denied. Under the unusual circumstances of this case, the “interim decree” rendered by the trial judge is not an appealable partial judgment under La. code Civ.P. art. 1915. Therefore, an appeal need not be taken from that decree at this stage in the proceedings. The trial judge is to proceed with a new jury to complete the damage portion of the case as previously ordered. Thereafter, an appeal may be taken from a judgment on the entire case.