Wright v. Tonnas

Supreme Court of Louisiana

Wright v. Tonnas

835 So. 2d 1286, 2002 La. LEXIS 3630, 2002 WL 31758705

CourtSupreme Court of Louisiana

DecidedDecember 6, 2002

DocketNo. 2002-CC-2948

StatusPublished

This text of 835 So. 2d 1286 (Wright v. Tonnas) 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

Wright v. Tonnas, 835 So. 2d 1286, 2002 La. LEXIS 3630, 2002 WL 31758705 (La. 2002).

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Opinion

On Writ of Certiorari to the Court of Appeal Fourth Circuit, Parish of Orleans.

CALOGERO, Chief Justice, would grant the writ and assigns reasons.

Denying the writ application in this ease, where the district court judge allowed the eviction and the court of appeal refused to upset that ruling, may well be the just and appropriate legal result. However, the law requires the plaintiff in an eviction proceeding to offer evidence to show that she is entitled to demand possession of the property because she is either a qualified succession representative or an heir with a judgment of possession. There are reasons to believe that the plaintiffs right to demand possession has not been established in this case. Therefore, I would prefer to grant the writ, examine the record, and writ an opinion; send the case back to the appellate court for that purpose; or remand to the district court to allow the plaintiff to prove her right to bring this eviction proceeding.

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On Writ of Certiorari to the Court of Appeal Fourth Circuit, Parish of Orleans.

CALOGERO, Chief Justice, would grant the writ and assigns reasons.

Denying the writ application in this ease, where the district court judge allowed the eviction and the court of appeal refused to upset that ruling, may well be the just and appropriate legal result. However, the law requires the plaintiff in an eviction proceeding to offer evidence to show that she is entitled to demand possession of the property because she is either a qualified succession representative or an heir with a judgment of possession. There are reasons to believe that the plaintiffs right to demand possession has not been established in this case. Therefore, I would prefer to grant the writ, examine the record, and writ an opinion; send the case back to the appellate court for that purpose; or remand to the district court to allow the plaintiff to prove her right to bring this eviction proceeding.

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Bluebook (online)

835 So. 2d 1286, 2002 La. LEXIS 3630, 2002 WL 31758705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-tonnas-la-2002.