Opinion
Writ Denied Aug. 24, 1983.
On Appeal from the Nineteenth Judicial District Court in and for the Parish of East Baton Rouge; William H. Brown, Judge Presiding.
Theodore (Ted) L. Jones, Baton Rouge, for plaintiffs-appellees Roberta Margaret Madden, et al.
Milton Osborne, Jr., Baton Rouge, for defendant-appellant Michael J. Musmeci, Sr.
Before LOTTINGER, EDWARDS, COLE, WATKINS, SHORTESS, CARTER, SAVOIE, LANIER, CRAIN and ALFORD, JJ.
LOTTINGER, Judge.
For the reasons assigned in Roberta Margaret Young Madden, individually, and in her capacity as executive director of Louisiana Common Cause, and Charles A. "Sam" Jones, III, individually, and Winston J. Jackson, Jr., individually versus R.E. Edwards and James H. "Jim" Brown, in his capacity as Secretary of State, 436 So.2d 759, rendered this date, the judgment of the trial court disqualifying the candidacy of Michael J. Musmeci, Sr. and enjoining the Honorable James H. "Jim" Brown, Secretary of State of Louisiana from placing the name of Michael J. Musmeci, Sr. on the ballot in the October 22, 1983, gubernatorial primary election is reversed, and the suit of plaintiffs is dismissed with costs to be paid by appellees both in this court and in the trial court as it relates to this suit.
REVERSED AND RENDERED.
WATKINS, J., concurs in the result.
COLE, Judge, dissenting.
I believe the trial court is correct and should be affirmed as to appellant Musmeci, Sr. The law is clear as to the need for the financial statement to be separately sworn to and then attached to the Notice of Candidacy. Notarization of the Notice of Candidacy only attests to the fact that the sworn financial statement is attached.