FOR IMMEDIATE
NEWS RELEASE
NEWS RELEASE
# 009
FROM: CLERK
OF SUPREME COURT OF LOUISIANA
The Opinions handed down on the 7th day of
February, 2003, are as follows:
BY JOHNSON, J.:
2002-CA-
0664 JENNIFER MIDKIFF HUBER v. ALICE SIEGMUND MIDKIFF
& RONALD EDWARD MIDKIFF (Parish of Jefferson)
For the above reasons, we find that this constitutional
challenge is not properly before this Court according
to LSA-R.S. 13:4448. Therefore, the trial court's ruling
that LSA-C.C. art. 136(B) is unconstitutional is vacated,
and this matter is remanded to the district court to
give the Attorney General notice of the issue and an
opportunity to exercise his discretion in representing
the state's interest. The district court judge was required
to make certain that the Attorney General was notified
of this matter prior to ordering this family to under
go months of evaluation by a court appointed expert
and incurring legal expenses.
REVERSED AND REMANDED.
VICTORY, J., concurs in the result.
WEIMER, J., concurs and assigns reasons.
BY TRAYLOR, J.:
2002-C-
0704 C/W 2002-C- 0733 CASSANDRA ROBINSON v. CHANTELLE
FONTENOT AND DR. JODI MCGEE (Parish of Evangeline)
For the foregoing reasons, the ruling of the court
of appeal is reversed. The matter is remanded to the
trial court for entry of judgment in accordance with
the jury verdict and this opinion.
REVERSED AND REMANDED.
BY KNOLL, J.:
2002-CA-
1435 LOUISIANA ASSESSORS' RETIREMENT FUND v. CITY OF
NEW ORLEANS; RICHARD BRUNE IN HIS CAPACITY AS THE
TREASURER OF THE CITY OF NEW ORLEANS; COURTLAND CROUCHET,
COLLECTOR OF REVENUE FOR THE CITY OF NEW ORLEANS IN
HIS OFFICIAL CAPACITY AS CITY TAX COLLECTOR; AND SMITH,
PUGH COMPANY (Parish of Orleans)
For the foregoing reasons, we reverse the judgment of
the trial court and remand this matter to the trial
court for further proceedings consistent with this opinion.
REVERSED AND REMANDED.
JOHNSON, J., concurs in the result.
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