Opinion
No. 99-CC-1939
July 2, 1999
IN RE: Louisiana, State of; Department of Trans Develop.; — Defendant(s); Applying for Supervisory and/or Remedial Writs; Parish of St. Bernard 34th Judicial District Court Div. "D" Number 80,896; to the Court of Appeal, Fourth Circuit, Number 99-C-1627
Granted. Judgment of the trial court denying the motion to recuse is reversed. The motion to recuse is granted. See La. Code Civ.P. art. 151B(5). A mistrial is declared pursuant to La.Civ.code art. 1631, and the case is remanded to the district court for re-allotment to another division of the court.
WFM
PFC
HTL
JPV
CDT
JTK
KIMBALL, J. not on panel.
JOHNSON, J. would deny the writ.