Opinion
NO. 2013 CW 1035
09-24-2013
MARLON BANKS v. CAPTAIN BUSH AND THE STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, ELAYN HUNT CORRECTIONAL CENTER AL NAQUIN, ET AL. v. CAPTAIN BUSH AND THE STATE OF LOUISIANA THROUGH THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, ELYAN HUNT CORRECTIONAL CENTER
In Re: Captain Bush and the State of Louisiana, through the Department of Public Safety and Corrections, applying for supervisory writs, 18th Judicial District Court, Parish of Iberville, No. 71,173 c/w 70,735. Also c/w Nos. 71,172, 71,175, 71,176, 71,186, 71,252, 71,278, 71,416, 71,428, and 71,534.
BEFORE: PETTI GREW, MCDONALD, AND McCLENDON, JJ.
WRIT GRANTED. The trial court's ruling of April 23, 2013, allowing Marlon Banks to withdraw his stipulation as to the value of his claim is hereby reversed and judgment is entered in favor of the State of Louisiana, Through the Department of Public Safety and Corrections and Captain Mark Bush. Mr. Banks' alleged error of fact was made due to a lack of diligence, not ignorance or misapprehension of the true facts. La. C.C. art. 1853
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COURT OF APPEAL, FIRST CIRCUIT ________________________________
DEPUTY CLERK OF COURT
FOR THE COURT