LISA PLAIA AND PETER PLAIA, INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILDREN PETRA PLAIA AND CAROLINA PLAIA Vs. STEWART ENTERPRISES, INC., GREENWOOD FUNERAL HOME, FIREMEN'S CHARITABLE & BENEVOLENT ASSOCIATION, LAFAYETTE INSURANCE COMPANY, UNITED FIRE GROUP, FIRST BAPTIST CHURCH OF NEW ORLEANS, CHURCH MUTUAL INSURANCE COMPANY
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LISA PLAIA AND PETER PLAIA, INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILDREN PETRA PLAIA AND CAROLINA PLAIA * NO. 2014-CA-0159 * COURT OF APPEAL * FOURTH CIRCUIT * STATE OF LOUISIANA VERSUS * STEWART ENTERPRISES, INC., GREENWOOD FUNERAL HOME, FIREMEN'S CHARITABLE & BENEVOLENT ASSOCIATION, LAFAYETTE INSURANCE COMPANY, UNITED FIRE GROUP, FIRST BAPTIST CHURCH OF NEW ORLEANS, CHURCH MUTUAL INSURANCE COMPANY * ******* CONSOLIDATED WITH: CONSOLIDATED WITH: LISA PLAIA AND PETER PLAIA, INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILDREN PETERA AND CAROLINA PLAIA NO. 2014-CA-0746 VERSUS STEWART ENTERPRISES, INC., GREENWOOD FUNERAL HOME, FIREMEN'S CHARITABLE & BENEVOLENT ASSOCIATION, LAFAYETTE INSURANCE COMPANY, UNITED FIRE GROUP, FIRST BAPTIST CHURCH OF NEW ORLEANS, CHURCH MUTUAL INSURANCE COMPANY CONSOLIDATED WITH: CONSOLIDATED WITH: LISA PLAIA AND PETER PLAIA, INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILDREN PETRA PLAIA AND CAROLINA PLAIA NO. 2015-CA-1176 VERSUS STEWART ENTERPRISES, INC., GREENWOOD FUNERAL HOME, FIREMAN'S CHARITABLE & BENEVOLENT ASSOCIATION, LAFAYETTE INSURANCE COMPANY, UNITED FIRE GROUP, FIRST BAPTIST CHURCH OF NEW ORLEANS, CHURCH MUTUAL INSURANCE COMPANY CONSOLIDATED WITH: CONSOLIDATED WITH: LISA PLAIA, ET AL. NO. 2014-CM-0632 VERSUS STEWART ENTERPRISES, INC., ET AL. BONIN, J., CONCURS IN PART AND DISSENTS IN PART WITH REASONS. I respectfully dissent from the majority opinion with respect to the issue of costs of defense owed to S. E. Funeral Homes of Louisiana, L.L.C. because I find that the trial judge was not clearly wrong and was reasonable in her factual determination that the Sublease governed the rights of the parties under it and is applicable.1 Under the Sublease, S. E. Funeral Homes of Louisiana, L.L.C., which has been found free from any fault or liability to the plaintiffs, was entitled to full cost of defense, including its attorney’s fees. I concur in the remainder of the majority’s decision. First, I too, like JUDGE LOVE in her concurring opinion, am of the view that the majority’s discussion of apportionment of fault among the defendants in this case is wholly dicta. No party raised the issue. While our authority to review trial court judgments is not limited by assignments of error, see La. C.C.P. art. 2128, and we may raise issues on our own, see Merrill v. Greyhound Lines, Inc., 10-2827 (La. 4/29/11), 60 So. 3d 600, here the panel raised an issue but became wholly satisfied that a “just, legal, and proper” decision could be made without deciding the issue raised by us but not by the parties. La. C.C.P. art. 2164. See also Nicholas v. Allstate Ins. Co., 99-2522, p. 7 (La. 8/31/00), 765 So. 2d 1017, 1022-1023. Second, I concur in the results with respect to majority’s decision as it pertains to Fireman’s Charitable and Benevolent Association. The insurance policy provided coverage and defense to the Association. In all other respects, I fully join the majority opinion. 1 I am not persuaded that the application of the Sublease and the Cherry Street Lease are necessarily mutually excluded.
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