# Macaluso v. Watson

> Supreme Court of Louisiana · October 21, 1966 · 249 La. 743

URL: https://www.frixlaw.com/law-library/cases/7176562

## Case

- **Full name:** Ellis L. MACALUSO v. Charles G. WATSON, Noel Brown and Grain Dealers Mutual Insurance Company
- **Court:** Supreme Court of Louisiana
- **Decided:** October 21, 1966
- **Citations:** 249 La. 743; 190 So. 2d 910; 1966 La. LEXIS 2147
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Appeal, Application, Article, Being, Code, Either, Hawthorne, Insurer, Interest, Justified, Late, Limited, McCaleb, Moved, Non, Procedure, Question, Remand, Sanders, Should, Suit, Trial, View
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7176562

## Opinion text

In re: Ellis L. Macaluso applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans. 188 So.2d 178 .
The application is denied. There is no error of law in the judgment complained of.
McCALEB, J., concurs, being of the opinion that plaintiff should have alternatively moved for a non-suit in either the trial court or the Court of Appeal as to his liability insurer. His application for a remand on petition for rehearing was not justified and came too late.
HAWTHORNE, J., agrees with the concurring view of McCALEB, J.
SANDERS, J., is of the opinion a writ should be granted limited to the question of a remand in the interest of justice. See Article 2164, Louisiana Code of Civil Procedure.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7176562. Public record. Not legal advice.