FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 048

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 29th day of May, 1998 , are as follows:

BY CALOGERO, C.J. :

97-C - 0837 DONALD C. PORTEOUS, JR. v. ST. ANN'S CAFE AND DELI AND LAFAYETTE INSURANCE COMPANY (Parish of Orleans)

For the foregoing reasons, the judgments of the district court and the court of appeal in favor of plaintiff are reversed. Judgment is rendered in favor of the defendants, dismissing plaintiff's suit with prejudice and at his cost.

DISTRICT COURT AND COURT OF APPEAL JUDGMENTS REVERSED; JUDGMENT RENDERED FOR DEFENDANT, SUIT DISMISSED WITH PREJUDICE AT PLAINTIFF'S COST.

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

LEMMON, J. - dissents and assigns reasons.

PER CURIAM :

97-KK- 2947 STATE OF LOUISIANA v. RONALD MINCE (Parish of Jefferson)

(Second Degree Battery)

The judgment of the district court is accordingly vacated, the defendant's conviction is reinstated, and this case is remanded to the district court for all further proceedings not inconsistent with the views expressed herein.

JUDGMENT VACATED; CONVICTION REINSTATED; CASE REMANDED.

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

98-C - 0012 CAROL JOHNSON SCHEXNAYDER v. FRANK EDWARD HOLBERT (Parish of Avoyelles)

For the reasons assigned, the judgment of the court of appeal is reversed. The judgment of the district court sustaining the exception of no cause or right of action and dismissing the suit is reinstated. All costs in this matter are assessed against Carol Johnson Schexnayder.

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

98-B - 0442 IN RE: WILLIAM YARNO, JR.

(Disciplinary Proceedings)

Accordingly, it is ordered that respondent, William Yarno, Jr., be suspended from the practice of law for a period of six months. All costs of these proceedings are assessed against respondent.

LEMMON, J. - dissents, believing that the penalty should be suspension of one year and one day.

TRAYLOR, J. - dissents, believing that the penalty should be suspension of one year and one day.

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

98-B - 0652 IN RE: BERNARD JACK USPRICH

(Disciplinary Proceedings)

Accordingly, it is ordered that respondent, Bernard Jack Usprich, be suspended from the practice of law for a period of six months, followed by a one year period of supervised probation under the conditions recommended by the disciplinary board. All costs of these proceedings are assessed against respondent.

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

KIMBALL, J. - dissents.

JOHNSON, J. - dissents.

TRAYLOR, J. - dissents.