¶1dissents in part.
¶2Whereas I have no objection to the majority noting the issue assigned by Louisiana Insurance Guaranty Association and Eagle Transportation, Inc. in their application for rehearing, I respectfully dissent from the majority addressing the issue of the motion for summary judgment because it was never assigned as error by them *406originally as required by Rule 2-12.4, Unif. Rules, Cts. of App.