Brown v. Spivey

Supreme Court of Louisiana

Brown v. Spivey

721 So. 2d 1287, 1998 La. LEXIS 2606, 1998 WL 754911

CourtSupreme Court of Louisiana

DecidedAugust 21, 1998

DocketNo. 98-CD-2207

StatusPublished

This text of 721 So. 2d 1287 (Brown v. Spivey) 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

Brown v. Spivey, 721 So. 2d 1287, 1998 La. LEXIS 2606, 1998 WL 754911 (La. 1998).

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Opinion

In re Louisiana, State of; Transportation & Dev., Dept, of; — Defendant(s); applying [1288]*1288for writ of certiorari and/or review, supervisory and/or remedial writ; Parish of East Feliciana, 20th Judicial District Court, Div. “A”, No. 27,243.

Writ granted in part. The decision of the trial court on the constitutionality of La. Rev. Stat. 9:2800(B) was premature as it was unnecessary to his ruling. See Louisiana Associated General Contractors, Inc. v. New Orleans Aviation Board, 97-0752 (La.10/31/97), 701 So.2d 130. The trial judge may, if necessary, address the constitutional issue in the judgment following the trial on the merits. Accordingly, that portion of the judgment of the trial court declaring La.Rev. Stat. 9:2800(B) unconstitutional is set aside, and the case is remanded to the trial court for further proceedings.

JOHNSON, J., concurs. KNOLL, J., not on panel.

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In re Louisiana, State of; Transportation & Dev., Dept, of; — Defendant(s); applying [1288]*1288for writ of certiorari and/or review, supervisory and/or remedial writ; Parish of East Feliciana, 20th Judicial District Court, Div. “A”, No. 27,243.

Writ granted in part. The decision of the trial court on the constitutionality of La. Rev. Stat. 9:2800(B) was premature as it was unnecessary to his ruling. See Louisiana Associated General Contractors, Inc. v. New Orleans Aviation Board, 97-0752 (La.10/31/97), 701 So.2d 130. The trial judge may, if necessary, address the constitutional issue in the judgment following the trial on the merits. Accordingly, that portion of the judgment of the trial court declaring La.Rev. Stat. 9:2800(B) unconstitutional is set aside, and the case is remanded to the trial court for further proceedings.

JOHNSON, J., concurs. KNOLL, J., not on panel.

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Bluebook (online)

721 So. 2d 1287, 1998 La. LEXIS 2606, 1998 WL 754911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-spivey-la-1998.

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