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1996 News Releases

News Release #044

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 044

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 8th day of April, 1996 , are as follows:
 

BY CALOGERO, C.J. :

95- C - 1851 DONALD HEBERT v. JOE JEFFREY, JR., VENTURE TRANSPORT COMPANY, RANGER INSURANCE COMPANY, THOMAS H. GORDON, DWIGHT J. GRANIER AND LIBERTY MUTUAL INSURANCE COMPANY (Parish of Assumption)

For the foregoing reasons we affirm the court of appeal which amended the district court's judgment and delete Petrin's obligation to bear the expense of $22,958.76 in attorney's fees.

AFFIRMED.
 

BY MARCUS, J. :

95-C - 2294 STATE OF LOUISIANA EX REL JAMES T. JACKSON v. C. PAUL PHELPS, ET AL (Parish of East Baton Rouge)

For the reasons assigned, the decision of the court of appeal is reversed. Judgment is rendered in favor of the State of Louisiana, and against James T. Jackson, dismissing his suit at his cost.

LEMMON, J. - concurs and assigns reasons.

JOHNSON, J. - dissents.

93-KA- 2692 STATE OF LOUISIANA v. CHRISTOPHER SEPULVADO (Parish of DeSoto)

For the reasons assigned, defendant's conviction and sentence are affirmed for all purposes except that this judgment shall not serve as a condition precedent to execution as provided by La. R.S. 15:567 until (a) defendant fails to petition the United States Supreme Court timely for certiorari; (b) that Court denies his petition for certiorari; (c) having filed for and been denied certiorari, defendant fails to petition the United States Supreme Court timely, under their prevailing rules, for applying for rehearing of denial of certiorari; or (d) that Court denies his application for rehearing.
 

BY LEMMON, J.:

94-K-2950 STATE OF LOUISIANA v. FREDDIE ARMSTRONG (Parish of Lafayette)

Accordingly, the judgement of the court of appeal is set aside, the conviction is reversed, and the case is remanded to the district court for the appropriate disposition.

Judge Ned E. Doucet, Jr., Court of Appeal, Third Circuit, sitting by assignment in place of Justice James L. Dennis, Doucet, J. not on panel. Rule IV, Part 2 Sec. 3.

Marcus, J. - dissents

Kimball, J. - dissents and assigns reasons.
 

BY KIMBALL, J. :

95-CA- 1932 WASHINGTON ST. TAMMANY ELECTRICAL COOPERATIVE, INC. v. LOUISIANA PUBLIC SERVICE COMMISSION (Parish of East Baton Rouge)

We reverse the rulings of the Commission and the district court. We hold that a new unserved point of connection is not created under La. R.S. 45:123 when a structure is demolished and a new structure is built in its place. As a result, WST has the exclusive right to provide service to the restaurant. The case is remanded to the Public Service Commission for proceedings consistent with this opinion.

REVERSED AND REMANDED.

95-C - 2122 JANICE SISSON SULLIVAN VS. BRUCE WAYNE SULLIVAN CONSOLIDATED WITH BRUCE WAYNE SULLIVAN VS. JANICE SISSON SULLIVAN (Parish of Ouachita)

The judgment of the trial court enforcing the transcription as a settlement agreement and the opinion of the second circuit court of appeal affirming that judgment are reversed, and this case is remanded to the trial court for further proceedings consistent with this opinion. REVERSED AND REMANDED.

JOHNSON, J. - concurs in the result.
 

BY PER CURIAM :

95-C - 1950 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, OFFICE OF STATE POLICE v. MICHAEL J. MENSMAN

The decision of the court of appeal is AFFIRMED.

WATSON, J. - dissents and would uphold the termination.

 

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