FOR
IMMEDIATE NEWS RELEASE
NEWS
RELEASE # 86
FROM:
CLERK OF SUPREME COURT OF LOUISIANA
The
Opinions handed down on the 12th day of
December, 2003 , are as follows:
BY
TRAYLOR, J. :
2003-C
-0590 SUSAN MCKNEELY
FOWLER v. CLAUDE ED FOWLER (Parish of Livingston)
For
the reasons assigned, the judgments of the lower courts
are affirmed.
AFFIRMED.
BY
KNOLL, J. :
2003-CA-0732
UNWIRED TELECOM CORP.,
FORMERLY KNOWN AS UNWIRED, INC. AND SUCCESSOR
IN INTEREST BY MERGER TO MERCURY CELLULAR TELEPHONE
COMPANY v. PARISH OF CALCASIEU, LOUISIANA; THE CALCASIEU
PARISH SCHOOL BOARD; THE CALCASIEU PARISH POLICE JURY;
THE CALCASIEU PARISH SCHOOL SYSTEM; THE TREASURER
OF THE CALCASIEU PARISH SCHOOL BOARD; AND THE TREASURER'S
DESIGNATED AGENTS, INCLUDING RUFUS R. FRUGE, JR.,
IN HIS CAPACITY AS DIRECTOR OF THE CALCASIEU PARISH
SCHOOL SYSTEM, SALES AND USE TAX DEPARTMENT (Parish
of Calcasieu)
For
the foregoing reasons, the judgment of the Court of
Appeal, Third Circuit, is vacated and set aside. This
matter is remanded to the trial court for the filing
of pleadings to assert the unconstitutionality of
2002 La. Acts No. 85, §3 and to conduct further
proceedings in conformity with the views expressed
herein. If the taking of evidence is required,
the parties may be given the opportunity to introduce
evidence in the district court for a determination
of the constitutionality of the statute at issue.
VACATED
AND CASE REMANDED TO TRIAL COURT
CALOGERO,
C.J., dissents for reasons assigned by Weimer, J.
VICTORY,
J., dissents for the reasons assigned by Justice Weimer.
WEIMER,
J., dissents and assigns reasons.
2003-C
-0814 BYRON ELLIS TALBOT
v. BERNICE ELLEN HARANG TALBOT (Parish of Lafourche)
For
the foregoing reasons, we reverse the court of appeal's
judgment on the community nature of the Hibernia and
Bank One bank stocks and reinstate the district court's
judgment. On all other issues, the court of appeal
is affirmed.
REVERSED
IN PART OTHERWISE AFFIRMED.
Retired
Judge Lemmie O. Hightower, assigned as Justice ad
hoc, sitting in place of Justice John L. Weimer, recused.
JOHNSON,
J., concurs in part and dissents in part for reasons
assigned by Traylor, J.
TRAYLOR,
J., concurs in part and dissents in part and assigns
reasons.
HIGHTOWER,
J., concurs in part and dissents in part and assigns
reasons.
PER
CURIAM :
2002-KH-
1244 STATE EX REL. TRUMAN
CLAVELLE v. STATE OF LOUISIANA (Parish of Iberia)
(Probation Revocation)
Under
these particular circumstances, the court of appeal
erred in failing to afford relator review of the merits
of his claims regarding revocation of his probation.
This case is therefore remanded to the court of appeal
for purposes of providing relator with reasonable
time in which to file for review of his revocation
hearing and for a ruling on the merits of his claims.
