Bosch v. Kwik Home Services, Inc.

Nov 16, 1972
No. 52939
Versions:268 So. 2d 258
263 La. 368
1972 La. LEXIS 5501

Lead Opinion

Writ refused. The present judgment is not final, and we defer our ruling as to the correctness thereof.

BARHAM, J.,

is of the opinion the writ, should be granted. There is a conflict between circuits as to whether a reconvention based on libel contained in the main demand is permitted. For that reason and further believing the ruling here is incorrect we should grant the .writ.





Dissenting Opinion

DIXON, J.,

dissents from the refusal. The judgment of the court of appeal is wrong and the plaintiff will suffer irreparable injury in defending a reconventional demand which could not stand, even if successful in the trial court

TATE, J., joins in-reasons'of BARHAM and DIXON, JJ., for granting a writ.