Allen v. Martin

Supreme Court of Louisiana

Allen v. Martin

127 So. 3d 907, 2013 WL 3467111, 2013 La. LEXIS 1557

CourtSupreme Court of Louisiana

DecidedJune 21, 2013

DocketNo. 2013-CC-0596

StatusPublished

This text of 127 So. 3d 907 (Allen v. Martin) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen v. Martin, 127 So. 3d 907, 2013 WL 3467111, 2013 La. LEXIS 1557 (La. 2013).

Pincite

Opinion

In re Allen II, Lange Walker; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. K, Nos. 2011-15433, 2011-14151; to the Court of Appeal, First Circuit, No. 2013 CW 0120.

Denied.

VICTORY, J., would grant. HUGHES, J., would grant and assigns reasons.

HUGHES, J.,

assigning reasons.

Respectfully, I would grant the writ application. Applicant was found guilty of contempt of court and sentenced to 30 days jail time before his scheduled hearing date on that issue, and before the judgment upon which the contempt was based was reduced to writing and signed by the trial court. Applicant had been ordered to execute a vehicle title conveying ownership (not interim use) before the merits of the partition action were heard. Applicant was ordered to pay attorney’s fees; not authorized by La. R.S. 13:4611(d). Other procedural irregularities are alleged.

Criminal contempt of court must be strictly applied upon an unequivocal basis. Notice and due process are required.

Free access — add to your briefcase to read the full text and ask questions with AI

In re Allen II, Lange Walker; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. K, Nos. 2011-15433, 2011-14151; to the Court of Appeal, First Circuit, No. 2013 CW 0120.

Denied.

VICTORY, J., would grant. HUGHES, J., would grant and assigns reasons.

HUGHES, J.,

assigning reasons.

Respectfully, I would grant the writ application. Applicant was found guilty of contempt of court and sentenced to 30 days jail time before his scheduled hearing date on that issue, and before the judgment upon which the contempt was based was reduced to writing and signed by the trial court. Applicant had been ordered to execute a vehicle title conveying ownership (not interim use) before the merits of the partition action were heard. Applicant was ordered to pay attorney’s fees; not authorized by La. R.S. 13:4611(d). Other procedural irregularities are alleged.

Criminal contempt of court must be strictly applied upon an unequivocal basis. Notice and due process are required.

Cite This Page — Counsel Stack

Bluebook (online)

127 So. 3d 907, 2013 WL 3467111, 2013 La. LEXIS 1557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-martin-la-2013.