No. 61755 | La. | Mar 27, 1978
Lead Opinion
In re: Salsul Co. applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. 354 So. 2d 711" date_filed="1978-01-11" court="La. Ct. App." case_name="Salsul Co. v. Kohlmeyer & Co.">354 So.2d 711.
Writ granted. Judgment of the court of appeal is reversed. Court of appeal erred in not finding that trial judge erred in failing to permit the amendment including Raymond F. Salmen and/or Succession of Raymond F. Salmen as party plaintiff. La. Code Civ.P. art. 934. Case remanded to trial court for further proceedings according to law and consistent with views herein expressed.
Concurrence Opinion
concurs. While I agree that Salmen’s Succession should be made a party on the basis of this application, I must persist in my position that deciding the merits of such a question in chambers without a hearing by which the adverse parties can be heard, involves the denial of due process.