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29 So. 3d 719

29 So.3d 719

9 La.App.3Cir. 963

Tyson v. King

Louisiana Court of Appeal

Decided February 3, 2010

Louisiana Court of Appeal · decided 2010-02-03

Cited by 6 later decisions — most recently November 2014

6 state decisions

Relies on 591 So. 2d 342 - Schroeder v. Board of Sup'rs · Gonzales v. Xerox Corp.

Good law ✅— No negative treatment on recordhow we know

Decided 2010-02-03

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THIBODEAUX, Chief Judge,

¶1concurring in part and dissenting in part.

¶2| ,A remand is neither necessary nor appropriate. Summary judgments are reviewed de novo, using the same criteria as *723the trial court in determining the appropriateness of a summary judgment, that is, whether there is a genuine issue of material fact and whether the movant is entitled to judgment as a matter of law. See Schroeder v. Bd. of Supervisors of La. State Unit)., 591 So.2d 342 (La.1991). An intermediate appellate court has the authority, duty, and responsibility to decide the case if the record before us is complete. La.Code Civ.P. art. 2164; Gonzales v. Xerox Corp., 320 So.2d 163 (La.1975). This record is complete for summary judgment purposes.

¶3For the foregoing reasons, I respectfully dissent in part.

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