FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 078

FROM: CLERK OF SUPREME COURT OF LOUISIANA

On the 24th day of September, 1999 , the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:

PER CURIAM :

98- C - 3003 DONALD MICHLER ON BEHALF OF HIS MINOR SON, DANIEL MICHLER v. MICHAEL R. HAMILTON ON BEHALF OF HIS MINOR SON, MATTHEW HAMILTON (Parish of St. Tammany)

Upon defendant's application, we granted certiorari in this case. 98-3003 (La. 2/5/99), 737 So.2d 733. After hearing oral arguments and reviewing the record in this case, we conclude that the judgment below does not require the exercise of our supervisory authority. Accordingly, we recall our order of February 5, 1999 as improvidently granted, and deny defendant's application.

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

VICTORY, J. - dissents from the recall of this writ.

TRAYLOR, J. - dissents from the recall of this writ.

KNOLL, J. - dissents.

99-B - 0949 IN RE: NICHOLAS ESTIVERNE

(Disciplinary Proceedings)

Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, briefs and oral argument, it is the decision of the court that respondent, Nicholas Estiverne, be publicly reprimanded for the misconduct charged in Count I of 94-DB-017, and that he be suspended from the practice of law for a period of one year and one day for the misconduct charged in 96-DB-080. Count II of 94-DB-017 is dismissed on the ground it was not proven by clear and convincing evidence. All costs and expenses in this matter are assessed against respondent in accordance with Supreme Court Rule XIX, §10.1.

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

VICTORY, J. - dissents. Although I agree with most of the majority's opinion, in my view the record clearly and convincingly establishes that respondent filed a frivolous lawsuit. Therefore, I would sanction him more severely than the majority.