Miller v. Rivers

Supreme Court of Louisiana

Miller v. Rivers

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

Supreme Court of Louisiana·Decided June 5, 1998·No. No. 98-CC-1086·Published·Cited by 2 cases

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.

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

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Opinion

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