Code of Civil Procedure Article 451

In case of a material defect in the litigation proceeding of the first instance, the court of second instance may reverse the original judgment and remand the case to the original court, provided that such action is considered necessary for purposes of maintaining the system of court instances.In the case provided in the preceding paragraph, the parties shall be accorded an opportunity to be heard. Where both parties agree that the court of second instance should adjudicate the case, it shall enter a judgment accordingly. In the case of the reversal of the original judgment as provided in the first paragraph, the defect in the litigation proceeding of the first instance shall be deemed reversed as well.