
    Waco D. BAYS, III and Carolyn Winstch Bays v. The ESTATE OF Brian ZERINGUE, et al.
    No. 91-C-2390.
    Supreme Court of Louisiana.
    Dec. 13, 1991.
    Reconsideration Denied Jan. 10, 1992.
   In re National Union Fire Ins. Co.;— Defendants; Applying for Writ of Certiora-ri and/or Review; to the Court of Appeal, Fifth Circuit, Number 91-CA-0155; Parish of St. John Baptist Fortieth Judicial District Court Div. “A” Number 24188.

Denied.

CALOGERO, C.J., and LEMMON and HALL, JJ., would grant the writ.

LEMMON, Judge,

dissents from the denial, but notes that this case involved an improper use of summary judgment to decide issues which would not result in the dismissal of any party. This improper use of summary judgment caused piecemeal appeals and unwarranted cost and delays.  