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 1998 News Releases

News Release #004

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 004


FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 21st day of January, 1998 , are as follows:


BY MARCUS, J. :

97-C - 0397 JERRY D. CLARK v. MRS. FIELDS COOKIES (Office of Workers' Compensation District # 8)

For the reasons assigned, the judgment of the court of appeal is reversed insofar as it held that plaintiff's claim was timely filed because prescription was suspended during his period of incarceration. The matter is remanded to the court of appeal to consider whether the hearing officer erred in dismissing the plaintiff's claim for other reasons.

TRAYLOR, J. - not on panel. Rule IV, Part 2, §3.

CALOGERO, C.J. - dissents and assigns reasons.

JOHNSON, J. - dissents.

KNOLL, J. - dissents and assigns reasons.

BY KIMBALL, J. :

96-KA- 1023 STATE OF LOUISIANA v. JIMMY WILLIAMS (Parish of East Baton Rouge) (First Degree Murder)

For the reasons assigned, the 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) the 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, the defendant fails to petition the United States Supreme Court timely, under its prevailing rules for rehearing of denial of certiorari; or (d) that Court denies his application for rehearing.

AFFIRMED.

JOHNSON, J. - not on panel. See Rule IV, Part 2, §3.

97-CA- 0645 GLOBAL TEL*LINK, INC. v. LOUISIANA PUBLIC SERVICE COMMISSION (Parish of East Baton Rouge)

Therefore, the trial court's judgment is affirmed in part and reversed in part.

AFFIRMED IN PART AND REVERSED IN PART.

VICTORY, J. - not on panel. Rule IV, Part 2, §3.

LEMMON, J. - dissents in part and assigns reasons.

JOHNSON, J. - dissents in part, and will assign reasons.

BY VICTORY, J. :

97-C - 1235 DENNIS CAUSBY v. PERQUE FLOOR COVERING AND LOUISIANA WORKERS' COMPENSATION CORPORATION (Office of Workers' Compensation District # 7)

For the reasons stated herein, the judgment of the court of appeal is reversed, defendants' exception of prescription is sustained, and plaintiff's claim is dismissed.

REVERSED AND RENDERED.

TRAYLOR, J. - not on panel. Rule IV, Part 2, §3.

CALOGERO, C.J. - concurs.

LEMMON, J. - concurs.

JOHNSON, J. - concurs.


BY TRAYLOR, J:

96-C - 1711 COMM-CARE CORPORATION v. M. BOLIVAR BISHOP, IN HIS OFFICIAL CAPACITY AS SHERIFF AND TAX COLLECTOR FOR THE PARISH OF BEAUREGARD (Parish of Beauregard)

C/W

96-C - 2455 COMM-CARE CORPORATION v. LOUISIANA TAX COMMISSION, ET AL (Parish of East Baton Rouge)

ON REHEARING

For the foregoing reasons, which differ from those given by the 1st Circuit Court of Appeal, the Court of Appeal's holding in 96-C-2455 is affirmed. Finding on our own motion plaintiff's failure to state a cause of action, we reverse the 3rd Circuit Court of Appeal's holding in 96-C-1711 and dismiss Comm-Care's suit.

All costs of this appeal are assessed against Comm-Care.

Because of the unusual procedural posture of this case, counsel will not be precluded from again seeking rehearing with the applicable time delay. Sup.Ct.Rule IX, §5.

AFFIRMED IN PART; REVERSED IN PART; RENDERED.

MARCUS, J. - not on panel. Rule IV, Part 2, §3.

LEMMON, J. - dissents and assigns reasons.

JOHNSON, J. - concurs with reasons.

BY KNOLL, J. :

97-C - 0684 LARRY D. WISE v. J.E. MERIT CONSTRUCTORS, INC.

(Office of Workers' Compensation District # 5)

For the forgoing reasons, forfeiture under La. R.S. 23:1208.1 is not warranted. Accordingly, the judgment of the lower courts are reversed and set aside. This case is remanded to the Office of Workers' Compensation, Fifth District, for further proceedings consistent with the view expressed herein.

REVERSED AND REMANDED.

VICTORY, J. - not on panel. Rule IV, Part 2, §3.

TRAYLOR, J. - dissents and assigns reasons.

97-C - 1239 CHANNING F. HAYDEN, JR., GEORGE E. DUFFY, RICHARD E. MANCHESTER, AND THE NEW ORLEANS STEAMSHIP ASSOCIATION VS. NEW ORLEANS-BATON ROUGE STEAMSHIP PILOTS FEE COMMISSION C/W CHANNING F. HAYDEN, JR., ET AL VS. NEW ORLEANS-BATON ROUGE STEAMSHIP PILOTS FEE COMMISSION (Parish of East Baton Rouge)

For the foregoing reasons, we reverse the Court of Appeal, First Circuit, and reinstate the judgment of the trial court.

REVERSED; TRIAL COURT JUDGMENT REINSTATED.

LEMMON, J. - not on panel. Rule IV, Part 2, §3.


97-CA- 1256 SOLOCO INC. D/B/A SOLOCO-MALLARD Home Page VS. JULIUS W. "JAY" DUPREE AND SHELDON J. LEBLANC D/B/A S. J. LEBLANC FARMS C/W PERCY J. LEBLANC VS. JULIUS W. "JAY" DUPREE AND SHELDON J. LEBLANC D/B/A S. J. LEBLANC FARMS (Parish of Lafayette)

Accordingly, the district court's judgment holding La.R.S. 4:173.1 unconstitutional is reversed. This case is remanded to the Fifteenth Judicial District Court for further proceedings consistent with this opinion. REVERSED AND REMANDED.

LEMMON, J. - not on panel. Rule IV, Part 2, §3.

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