Louisiana Supreme Court - 400 Royal St., New Orleans, LA 70130 | Tel: 504-310-2300 Hon. Bernette J. Johnson. Chief Justice.  John Tarlton Olivier., Clerk of Court.  Sandra A. Vujnovich. Judicial Administrator
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1999 News Releases

News Release #062

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 062

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 7th day of July, 1999 , are as follows:

BY CALOGERO, C.J. :

98-C - 0961 THE ESTATE OF GASTON PATOUT AND ROY PATOUT v. THE CITY OF NEW IBERIA, LOUISIANA C/W SQUIRREL RUN INVESTMENT GROUP, INC. v. THE CITY OF NEW IBERIA C/W THE ESTATE OF GASTON PATOUT v. CITY OF NEW IBERIA (Parish of Iberia)

For the foregoing reasons, the judgment of the court of appeal in favor of plaintiffs is affirmed. The case is remanded to the trial court for further proceedings. AFFIRMED; REMANDED TO DISTRICT COURT.

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

(Not out yet) LEMMON, J. - concurs and assigns reasons.

98-C - 2822 RHETT C. MAGNON v. GWENDOLYN COLLINS, ET AL (Parish of Jefferson)

SUMMARY JUDGMENT IN FAVOR OF STATE FARM REVERSED; SUMMARY JUDGMENT IN FAVOR OF VIGILANT INSURANCE COMPANY DISMISSING ALL CLAIMS AGAINST IT GRANTED.

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

BY KIMBALL, J. :

98-KK- 1366 STATE OF LOUISIANA v. DUANE CARLOS (Parish of Terrebonne)

(Driving While Intoxicated)

The State in this case has submitted sufficient proof of the existence of the prior guilty plea and that the defendant was represented by counsel at the time it was taken. As in Shelton, the case is remanded to the district court with instructions to allow the defendant an opportunity to attempt to meet his burden of production at a hearing to be held consistent with this opinion.

REVERSED AND REMANDED.

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

BY VICTORY, J. :

98-C - 2378 PATRICIA DESHOTEL CORMIER, ET AL v. MICKEY L. COMEAUX, ET AL C/W MICKEY LOUIS COMEAUX, ET AL v. STATE OF LOUISIANA, ET AL (Parish of Acadia)

For the reasons stated herein, we reverse the holding of the court of appeal and reinstate the ruling of the trial court finding that the DOTD is not liable to plaintiffs in this case.

REVERSED.

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

LEMMON, J. - concurs and assigns reasons.

JOHNSON, J. - dissents and assigns reasons.

KNOLL, J. - dissents and assigns reasons.



99-O - 0014 IN RE: JUDGE ULYSSES "GENE" THIBODEAUX

(Judiciary Commission)

For the reasons stated herein, the recommendation of the Judiciary Commission, that Judge Ulysses "Gene" Thibodeaux be publicly censured and ordered to pay the costs of this proceeding, is rejected.

RECOMMENDATION REJECTED.

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

JOHNSON, J. - subscribes to the opinion and assigns additional reasons.

BY TRAYLOR, J. :

99-CA- 0025 LOUISIANA ASSOCIATED GENERAL CONTRACTORS. INC. v. NEW ORLEANS AVIATION BOARD (Parish of Jefferson)

Therefore, we reverse the ruling of the trial court which held that the NOAB had authority under local law to adopt the Program, and maintain the permanent injunction imposed by the trial court.

REVERSED.

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

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

(Not out yet) JOHNSON, J. - dissents and will assign reasons.

BY KNOLL, J. :

98-C - 3044 ROBERT STOGNER v. BENITA STOGNER (Parish of West Feliciana)

Accordingly, we reverse the lower courts' judgments. We remand this case to the trial court for expedited treatment for a determination of modification of child support consistent with the views expressed herein.

In the interim, we order Robert Stogner to continue the payment of child support as provided in the June 29, 1994, judgment of divorce. Considering the lapse of time in the present matter, we further reserve to either party the right to allege any change of circumstances within the intendment of La.Civ. Code art. 142 and La.R.S. 9:311(A) which may have arisen. The trial court is ordered to hear this matter with preference and priority.

REVERSED AND REMANDED FOR EXPEDITED HEARING.

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

LEMMON, J. - concurs and assigns reasons.

VICTORY, J. - dissents and assigns reasons.

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