Miller v. Rivers

Supreme Court of Louisiana

Miller v. Rivers

720 So. 2d 673, 1998 La. LEXIS 1931, 1998 WL 484654

CourtSupreme Court of Louisiana

DecidedJune 5, 1998

DocketNo. 98-CC-1086

StatusPublished

Cited by2 cases

This text of 720 So. 2d 673 (Miller v. Rivers) 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

Miller v. Rivers, 720 So. 2d 673, 1998 La. LEXIS 1931, 1998 WL 484654 (La. 1998).

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Opinion

In re Orleans Parish School Board;—Defendant(s); applying for supervisory and/or remedial writs; Parish of Orleans, Civil District Court, Div. “L”, No. 93-3861; to the Court of Appeal, Fourth Circuit, No. 97CA-2322.

Granted in part. The judgment of the court of appeal is amended to provide that the school board may re-raise the exception of prescription after trial on the merits if, under the facts proven by plaintiff at trial, there is no solidary liability. See McDaniels v. Allison, 97-2572 (La.4/9/98), 708 So.2d 418 (on rehearing). In all other respects, the application is denied.

KIMBALL, J., would deny the writ. LEMMON, J., not on panel.

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In re Orleans Parish School Board;—Defendant(s); applying for supervisory and/or remedial writs; Parish of Orleans, Civil District Court, Div. “L”, No. 93-3861; to the Court of Appeal, Fourth Circuit, No. 97CA-2322.

Granted in part. The judgment of the court of appeal is amended to provide that the school board may re-raise the exception of prescription after trial on the merits if, under the facts proven by plaintiff at trial, there is no solidary liability. See McDaniels v. Allison, 97-2572 (La.4/9/98), 708 So.2d 418 (on rehearing). In all other respects, the application is denied.

KIMBALL, J., would deny the writ. LEMMON, J., not on panel.

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720 So. 2d 673, 1998 La. LEXIS 1931, 1998 WL 484654, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-rivers-la-1998.

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