Opinion
No. 59643.
April 7, 1977.
IN RE: RICHARD A. TONRY, APPLYING FOR WRIT OF CERTIORARI, PROHIBITION, MANDAMUS AND STAY ORDER.
Writ denied. In accordance with our previous decision, La., 343 So.2d 1386, the trial judge has jurisdiction to try this action of nullity of the judgment.
CALOGERO, J., a majority of this court has already ruled unfavorably to applicant on the legal issue presented in this application. For this reason I concur, while nonetheless agreeing with the sentiment expressed by my brother Dennis.
DENNIS, J., adheres to the view that this court should have granted a previous writ application in order to determine whether this civil litigation can have any actual legal effect on the parties so as to constitute a legitimate justiciable controversy. If it cannot, the evidence being gathered in this case should more properly be presented to a grand jury or a legislative committee.