Foster v. Fowler

Supreme Court of Louisiana

Foster v. Fowler

652 So. 2d 993, 1995 La. LEXIS 931, 1995 WL 152147

CourtSupreme Court of Louisiana

DecidedMarch 30, 1995

DocketNo. 95-CD-0675

StatusPublished

Cited by1 cases

This text of 652 So. 2d 993 (Foster v. Fowler) 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

Foster v. Fowler, 652 So. 2d 993, 1995 La. LEXIS 931, 1995 WL 152147 (La. 1995).

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Opinions

Granted. The trial court has decreed, and the parties agree, that the Justice Department’s objection to La.R.S. 18:115(F)(2) renders that portion of the act invalid. However, that portion of the Act is severable, the other provisions of the Act are not affected, and the Act may therefore be given effect without the invalid provision. La.R.S. 24:175; State v. Cinel, 646 So.2d 309, 314 (La.1994); Succession of Lauga, 624 So.2d 1156, 1171 (La.1993); State v. Johnson, 343 So.2d 705 (La.1977); Roy v. Edwards, 294 So.2d 507 (La.1974); Gaudet v. Economical Super Market, 237 La. 1082, 112 So.2d 720 (1959); Pollitt v. Connick, 596 F.Supp. 261 (E.D.La.1984); 2 Singer, Sutherland Statutory Construction, section 44.04, (Sands 4th ed., 1986). Accordingly, the judgment of the district court is reversed and the plaintiffs petition is dismissed.

LEMMON, J., votes to grant the application and docket for expedited consideration.

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Granted. The trial court has decreed, and the parties agree, that the Justice Department’s objection to La.R.S. 18:115(F)(2) renders that portion of the act invalid. However, that portion of the Act is severable, the other provisions of the Act are not affected, and the Act may therefore be given effect without the invalid provision. La.R.S. 24:175; State v. Cinel, 646 So.2d 309, 314 (La.1994); Succession of Lauga, 624 So.2d 1156, 1171 (La.1993); State v. Johnson, 343 So.2d 705 (La.1977); Roy v. Edwards, 294 So.2d 507 (La.1974); Gaudet v. Economical Super Market, 237 La. 1082, 112 So.2d 720 (1959); Pollitt v. Connick, 596 F.Supp. 261 (E.D.La.1984); 2 Singer, Sutherland Statutory Construction, section 44.04, (Sands 4th ed., 1986). Accordingly, the judgment of the district court is reversed and the plaintiffs petition is dismissed.

LEMMON, J., votes to grant the application and docket for expedited consideration.

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Bluebook (online)

652 So. 2d 993, 1995 La. LEXIS 931, 1995 WL 152147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foster-v-fowler-la-1995.

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