Opinion
NO. 2014 CW 0604
08-11-2014
LOUISIANA PUBLIC SERVICE COMMISSION, AND IN THEIR CAPACITIES AS COMMISSIONERS LAMBERT C. BOISSIERE, III, JAMES M. FIELD, FOSTER L. CAMPBELL, ERIC SKRMETTA AND CLYDE C. HOLLOWAY v. LOUISIANA STATE LEGISLATURE
In Re: Louisiana State Legislature, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 592231.
BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.
WRIT DENIED.
VGW
TMH
McCLENDON, J., dissents in part. I would reverse that portion of the district court's judgment of March 27, 2014, denying defendant's Peremptory Exception of Res Judicata. The district court's December 8, 2011 judgment, granting the Louisiana State Legislature's amended exception of no cause of action, was final as to the Louisiana Public Service Commissioners in their individual capacities because of their failure to appeal the judgment. See Albritton v. Nauls, 2554 (La. 10/6/43), 15 So.2d 126, 128.