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Williams v. Enriquez11/17/2005
ted final judgment is indeterminate, a judgment setting aside the judgment on appeal and a remand have been employed in this jurisprudence.
The problem this final judgment presents is a choice between the two outcomes discussed above which the trial court can clarify. Therefore, we do not choose to set aside the judgment and proceed to enter independent damage awards by de novo review. We believe that, in light of the trial court's thorough review of plaintiffs' damage claims as reflected by its extensive written reasons for judgment, a remand of the matter best serves the interest of justice. La. C.C.P. art. 2164.
Accordingly, we reverse the trial court's judgment which we find to be indeterminate and remand the matter to the trial court for entry of judgment clarifying the issues expressed herein involving the relation of the prior $100,000 damage payment to the amount of general damages suffered by each plaintiff because of the medical malpractice of Dr. Enriquez.
REVERSED AND REMANDED.
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