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697 So. 2d 240

Clark v. Taylor

Supreme Court of Louisiana

Decided June 30, 1997

Supreme Court of Louisiana · decided 1997-06-30

Good law ✅— No negative treatment on recordhow we know

Decided 1997-06-30

How this case has been cited

Cited by 49 later decisions — most recently September 2021 · most notably Cat's Meow, Inc. v. City of New Orleans Through Department of Finance (1998), Ifeanyi Charles Anthony Okpalobi Causeway Medical Suite v. Mike Foster State of Louisiana (2001)

2 federal appellate · 44 state decisions

3401997200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM. *

¶1Granted. The trial judge was incorrect in ruling that he was divested of jurisdiction to try the issue of quantum while the judgment on liability in the bifurcated trial was on appeal. Pursuant to La.Code CivJProc. art. 1915B, the trial court retains jurisdiction to adjudicate the remaining issues in the case while the appeal of the judgment on liability is pending. See also La.Civ.Proc. art. 2088. Nevertheless, the trial judge has the discretion not to proceed with the issue of damages pending the appeal. It is therefore appropriate to vacate the ruling and to remand the case to the trial judge for a discretionary determination of whether to proceed.

¶2Accordingly, the judgment of the trial court is vacated and set aside, and the ease is remanded to the trial court to determine, in its discretion, whether a stay of the damages phase is warranted under the facts of this case.

¶3Marcus, J., not on panel.

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