Sherburne v. State ex rel. Department of Health & Human Resources

Supreme Court of Louisiana

Sherburne v. State ex rel. Department of Health & Human Resources

551 So. 2d 617, 1989 La. LEXIS 2688, 1989 WL 139033

CourtSupreme Court of Louisiana

DecidedNovember 17, 1989

DocketNo. 89-CC-2561

StatusPublished

This text of 551 So. 2d 617 (Sherburne v. State ex rel. Department of Health & Human Resources) 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.

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Sherburne v. State ex rel. Department of Health & Human Resources, 551 So. 2d 617, 1989 La. LEXIS 2688, 1989 WL 139033 (La. 1989).

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Opinion

PER CURIAM.

Granted. The trial court’s action did not amount to a declaration that the statute is unconstitutional. Accordingly, the trial court is ordered to proceed with a trial upon the constitutionality of the statute and upon any other issues remaining for trial. The judgment on the issue of liability tried separately by the court is final and appealable. La.C.C.P. art. 1915.A(5). In the interest of justice, however, the court of appeal is ordered to stay proceedings on the appeal until the completion of the trial upon all issues in the case or until further orders of this court.

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PER CURIAM.

Granted. The trial court’s action did not amount to a declaration that the statute is unconstitutional. Accordingly, the trial court is ordered to proceed with a trial upon the constitutionality of the statute and upon any other issues remaining for trial. The judgment on the issue of liability tried separately by the court is final and appealable. La.C.C.P. art. 1915.A(5). In the interest of justice, however, the court of appeal is ordered to stay proceedings on the appeal until the completion of the trial upon all issues in the case or until further orders of this court.

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Bluebook (online)

551 So. 2d 617, 1989 La. LEXIS 2688, 1989 WL 139033, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherburne-v-state-ex-rel-department-of-health-human-resources-la-1989.