PINCKNEY A. WOOD (PRESIDENT, COALITION OF LOUISIANA ANIMAL ADVOCATES) Vs. BOB DEL GIORNO, WWL AM, AND SINCLAIR COMMUNICATIONS, INC.
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* NO. 2006-CA-1612 * COURT OF APPEAL * FOURTH CIRCUIT * PINCKNEY A. WOOD (PRESIDENT, COALITION OF LOUISIANA ANIMAL ADVOCATES) STATE OF LOUISIANA VERSUS BOB DEL GIORNO, WWL AM, AND SINCLAIR COMMUNICATIONS, INC. * * ******* JONES, J., DISSENTS IN PART AND CONCURS IN PART. The trial court and now this Court, in considering defendant’s motion for summary judgment, have determined the intent of a party. If intent is not fact based, what is? Further, intent is so fact intensive that it clearly lends itself to a determination that genuine issues of material fact preclude the granting of summary judgment in this matter. Further, I would correct the procedural error of plaintiff. He seeks to appeal the denial of his motion for summary judgment. Our review of a denial of a motion for summary judgment is under our supervisory judgment. Thus, as to the appeal of the denial of the plaintiff’s motion for summary judgment, I would convert the appeal to a writ application for supervisory writ, and deny his writ application. In this regard I am in concurrence with the majority.
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