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Brown v. Spivey

Supreme Court of Louisiana
Aug 21, 1998
721 So. 2d 1287 (La. 1998)

Opinion

No. 98-CD-2207.

August 21, 1998.

In re Louisiana, State of; Transportation Dev., Dept. of; — Defendant(s); applying for writ of certiorari and/or review, supervisory and/or remedial writ; Parish of East Feliciana, 20th Judicial District Court, Div. "A", No. 27,243.


Writ granted in part. The decision of the trial court on the constitutionality of La.Rev.Stat. 9:2800(B) was premature as it was unnecessary to his ruling. See Louisiana Associated General Contractors, Inc. v. New Orleans Aviation Board, 97-0752 (La.10/31/97), 701 So.2d 130. The trial judge may, if necessary, address the constitutional issue in the judgment following the trial on the merits. Accordingly, that portion of the judgment of the trial court declaring La.Rev.Stat. 9:2800(B) unconstitutional is set aside, and the case is remanded to the trial court for further proceedings.

JOHNSON, J, concurs.

KNOLL, J., not on panel.


Summaries of

Brown v. Spivey

Supreme Court of Louisiana
Aug 21, 1998
721 So. 2d 1287 (La. 1998)
Case details for

Brown v. Spivey

Case Details

Full title:Michael B. BROWN, et al. v. George SPIVEY, et al

Court:Supreme Court of Louisiana

Date published: Aug 21, 1998

Citations

721 So. 2d 1287 (La. 1998)