Blanchet v. Miller

Louisiana Court of Appeal

Blanchet v. Miller

689 So. 2d 486, 1996 La. App. LEXIS 3268, 1996 WL 699347

CourtLouisiana Court of Appeal

DecidedDecember 5, 1996

DocketNo. W96-1602

StatusPublished

Cited by1 cases

This text of 689 So. 2d 486 (Blanchet v. Miller) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blanchet v. Miller, 689 So. 2d 486, 1996 La. App. LEXIS 3268, 1996 WL 699347 (La. Ct. App. 1996).

Pincite

Opinion

WRIT GRANTED AND MADE PEREMPTORY:

The trial court erred in denying relators’ motion to strike the jury. La.Code Civ.P. art. 1734 is procedural in nature and thus is to be given retroactive effect. As amended in 1995, article 1734 clearly states the trial court “... shall fix the time for filing the bond, which shall be no later than SO days prior to trial.” (Emphasis added.) Article 1734 is mandatory and affords no discretion to the trial court. Under these circumstances, the trial court erred as a mat[487]*487ter of law in denying relators’ motion to strike the jury. For these reasons, we reverse the judgment of the trial court denying the motion to strike the jury.

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WRIT GRANTED AND MADE PEREMPTORY:

The trial court erred in denying relators’ motion to strike the jury. La.Code Civ.P. art. 1734 is procedural in nature and thus is to be given retroactive effect. As amended in 1995, article 1734 clearly states the trial court “... shall fix the time for filing the bond, which shall be no later than SO days prior to trial.” (Emphasis added.) Article 1734 is mandatory and affords no discretion to the trial court. Under these circumstances, the trial court erred as a mat[487]*487ter of law in denying relators’ motion to strike the jury. For these reasons, we reverse the judgment of the trial court denying the motion to strike the jury.

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Bluebook (online)

689 So. 2d 486, 1996 La. App. LEXIS 3268, 1996 WL 699347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blanchet-v-miller-lactapp-1996.

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