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Moncla v. City of Lafayette, Louisiana

Supreme Court of Louisiana
Dec 14, 1970
241 So. 2d 532 (La. 1970)

Summary

holding that the litigant was foreclosed because he failed to seek rehearing of the lower court's decision on rehearing

Summary of this case from State v. Nicori

Opinion

No. 51020.

December 14, 1970.

In re: City of Lafayette applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Lafayette.


Application not considered — Since applicant failed to apply for a rehearing from the Court of Appeal's decision (On Rehearing) in favor of plaintiff, this Court is without jurisdiction under Sec. 11 of Article VII of our Constitution. See also Article 2167 CCP, Rule 11, Sec. 5 of the Uniform Rules, Court of Appeal, R.S. 13:4450 and compare and see discussion in State, Department of Highways v. Mason, 254 La. 1035, 229 So.2d 89 (1969).


Summaries of

Moncla v. City of Lafayette, Louisiana

Supreme Court of Louisiana
Dec 14, 1970
241 So. 2d 532 (La. 1970)

holding that the litigant was foreclosed because he failed to seek rehearing of the lower court's decision on rehearing

Summary of this case from State v. Nicori
Case details for

Moncla v. City of Lafayette, Louisiana

Case Details

Full title:LEON C. MONCLA, RAYMOND MAHROUZ AND DONALD D. DOLL v. CITY OF LAFAYETTE…

Court:Supreme Court of Louisiana

Date published: Dec 14, 1970

Citations

241 So. 2d 532 (La. 1970)
257 La. 174

Citing Cases

State v. Nicori

Based on this case law, and based on the policy of giving trial courts a full opportunity to consider and…