Opinion
No. 2002-CC-0451
February 13, 2002.
IN RE: State of Louisiana DOTD; Department of Transportation Dev.; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of East Carroll, 6th Judicial District Court Div. A, Nos. 18,335; to the Court of Appeal, Second Circuit, No. 36125-CW
Granted. The court of appeal's judgment is reversed and the trial court's judgment on the motion in limine is reinstated.
JTK
JPV
CDT
JLW
I would prefer to stay the trial, and grant and docket to review the legal issue herein; otherwise, I would deny the writ application for the reasons expressed by Justice Kimball. Furthermore, it is a poor practice to decide issues of this sort in such a hurried fashion without benefit of briefing and argument from the lawyers on both sides. Writ denials form no precedent for further cases. unfortunately, writ grants with order and/or with reasons do have precedential effect, and guide trial judges and trial attorneys in future matters.