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Sallinger v. Robichaux

6/23/2000

n inconsistent special verdict for appellate review, I believe a contemporaneous objection is necessary. As Justice Lemmon stated in concurring on the remand in this matter, "A party generally cannot 'sit on an error' at the appropriate time for correcting the error and then raise the error on appeal, when it is too late for correction by the trial court." Sallinger v. Robichaux, 1999-C-3305 (La. 2/4/00), ___ So.2d ___. See also Metz v. Howard, 93-CA-726 (La.App. 5 Cir. 1/25/94), 631 So.2d 1248, 1250-1251 and Bourque v. Gulf Marine Transportation, Inc., 480 So.2d 337, 340 (La.App. 3 Cir. 1985).


Additionally, a party should not be allowed to manipulate the system by avoiding what is perceived to be an unfavorable lower court judge or jury in the hope of a more favorable allotment on appeal. If the inconsistency is resolved at the trial level, where it originated, there might be no need for an appeal. This would foster judicial economy and prompt resolution of the litigation.






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