
    LITIGATION REPROGRAPHIC v. Ernesto SCOTT.
    No. 92-CC-0272.
    Supreme Court of Louisiana.
    Feb. 7, 1992.
   In re Scott, Ernesto; Raymond, Leroy; Raymond, Ronald; — Defendants; applying for Supervisory and, or Remedial writs; to the Court of Appeal, Fourth Circuit, No. 91CW-2488; Parish of Orleans Civil District Court, Div. “G” No. 91-14941.

Granted. The judgment of the Court of Appeal, granting a preliminary injunction is reversed and the judgment of the trial court is reinstated. Treating the writ application as a devolutive appeal, the case is remanded to the Court of Appeal for appellate review without undue delay.

LEMMON, J.,

dissents. The Court of Appeal was arguably incorrect in reviewing the merits of this case by a peremptory order under its supervisory jurisdiction rather than by granting the application and either assigning the case for argument or ordering an expedited appeal. Nevertheless, the Court of Appeal has already performed the review of the merits (presumably on the record) that is now ordered by this Court on an expedited basis. I would ignore the disregarding of the procedural niceties and review the decision of the Court of Appeal on the merits.  