IMMEDIATE NEWS RELEASE
FROM : CLERK
OF SUPREME COURT OF LOUISIANA
handed down on the 24th day of March, 2000
, are as follows:
KIMBALL, J. :
2132 LISA SMITH MUNN GUILLOT v. MARION PATRICK MUNN,
Court For The
Parish Of East Baton Rouge)
For the reasons
assigned herein, the judgments of the lower courts are
reversed insofar as they set Mr. Munn's child support
obligation in the amount of $474.00 per month. We vacate
and set aside the lower courts' judgments as to the
remaining issues. The case is remanded to the trial
court with the following instructions. In keeping with
the codal dictate that the paramount consideration in
child support proceedings is the best interest of the
child and considering the amount of time this case has
spent in the judicial system, this court in exercising
its supervisory jurisdiction orders that on remand this
case shall proceed expeditiously and within the following
time frames to the extent practicable: (1) the trial
court shall proceed with this rule consistent with this
opinion and render a judgment within twenty days after
the expiration of time delays for filing an application
for rehearing in this court or after the disposition
of an application for rehearing should one be filed;
(2) the trial court shall set the return day of the
appeal, should one be requested, no more than fifteen
days from the signing of said judgment or from the mailing
of notice of the judgment, if required; and (3) in this
event, the court of appeal shall decide the appeal within
twenty day of the lodging of the record on appeal by
assigning it for expeditious treatment with preference
REVERSED IN PART;
VACATED IN PART and REMANDED FOR EXPEDITED HEARING CALOGERO,
C.J., not on panel. See Rule IV, Part 2,§3.
LEMMON, J., subscribes
to the opinion and will assign additional reasons.
J., dissents and assigns reasons.
J., dissents and assigns reasons .
3344 AMY C. KRUGER AND ST. CHARLES 1 LLC v. THE GARDEN
ET AL. (Parish of Orleans)
we vacate that portion of the trial court's judgment
that declared [Title 33] section 2740.38(C) unconstitutional.
Having vacated the declaration of unconstitutionality,
the only issue on appeal is the propriety vel non of
the preliminary injunction. Appellate jurisdiction to
decide that issue lies in the court of appeal. La. Const.
art. V, §10(A). Accordingly, we transfer this case
to the court of appeal for expedited review as a timely
filed appeal of the judgment granting the preliminary
injunction. During the pendency of the appeal in the
court of appeal, the parties are at liberty to move
in the trial court for a trial on the merits regarding
the permanent injunction, and perhaps coincidently,
the declaratory relief sought.
IN PART AND TRANSFERRED TO THE COURT OF APPEAL
not on panel. Rule IV, Part 2, §3.
0269 JANET SMITH PERKINS v. GARY W. PERKINS (Parish
application, we granted certiorari in this case. Perkins
v. Perkins, 00-0269 (LA 1/16/00), ____So.2d____. After
hearing oral arguments and reviewing the record of the
matter, we conclude that the judgment below does not
require the exercise of our supervisory authority. Accordingly,
we recall our order of February 16, 2000 as improvidently
granted, and deny plaintiff's application.
KNOLL, J., not
on panel. Rule IV, Part 2, §3.