2004-CC-1074 Precedential Reinstated Processed

Wilborn v. Vermillion Parish Police Jury

Louisiana Supreme Court · Filed July 2, 2004 · 877 So. 2d 985

Cited by

Overruled in 1

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Morales v. State ex rel. Board of Supervisors ex rel. Earl K. Long Medical … 106 So. 3d 104 La. 2013
Morales v. State ex rel. Board of Supervisors 104 So. 3d 130 La. Ct. App. 1st Cir. 2012
Tranchant v. State 5 So. 3d 832 La. 2009
Tranchant v. State 978 So. 2d 1174 La. Ct. App. 1st Cir. 2008
TRANSCHANT v. State 978 So. 2d 1174 La. Ct. App. 4th Cir. 2008

Opinion text

877 So.2d 985 (2004) Millie WILBORN, et al. v. VERMILLION PARISH POLICE JURY, et al. No. 2004-CC-1074. Supreme Court of Louisiana. July 2, 2004. PER CURIAM. Granted. La. R.S. 13:5107(D) provides that in suits against the state or a political subdivision, service of citation shall be requested within ninety days of the commencement of the action. Nothing in that statute requires that the request be filed with the court. The court of appeal's reliance on the fax-filing statute, La. R.S. 13:850, is misplaced, as that statute deals with the requirements for filing papers in civil actions. Accordingly, the judgment of the court of appeal is reversed and the judgment of the trial court is reinstated. The case is remanded to the trial court for further proceedings.