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Osborne v. Stone

476 So. 2d 809, 1985 La. LEXIS 9727
Supreme Court of Louisiana·Decided October 21, 1985·No. No. 85-C-1531·Published·Cited by 6 cases

Opinions

In re: Osborne, Milton, Jr.; Applying for Writ of Certiorari and/or Review; to the Court of Appeal, 472 So.2d 223, First Circuit, Number CA 84 0517; Parish of East Baton Rouge 19th Judicial District Court Div. “H” Number 261,717.

Granted. The contention of laches may not be raised by exception; assuming without deciding that laches' is available in Louisiana, it may be urged only as an affirmative defense. See LSA-C.C.P. art. 1005, Comment (e). The judgments of the trial court and Court of Appeal are vacated and the case is remanded for further proceedings according to law.

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Osborne v. Stone, 476 So. 2d 809, 1985 La. LEXIS 9727 (La. 1985).

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Osborne v. Stone
476 So. 2d 809 (Supreme Court of Louisiana, 1985)