88-CC-1755 Precedential Reversed Processed

Akins v. Parish of Jefferson

Louisiana Supreme Court · Filed November 28, 1988 · 533 So. 2d 970

Also decided on this docket: La., February 24, 1989 539 So. 2d 44

Cited by

Powell v. Metropolitan Life Insurance 702 So. 2d 358 La. Ct. App. 1st Cir. 1997
Broussard v. Campbell Wells Corp. 702 So. 2d 361 La. Ct. App. 1st Cir. 1997
Amato v. Office of Com'r of Securities 644 So. 2d 412 La. Ct. App. 4th Cir. 1994
Persilver v. Louisiana Department of Transportation 592 So. 2d 1344 La. Ct. App. 1st Cir. 1991
Akins v. Parish of Jefferson 539 So. 2d 44 La. 1989

Authorities cited

Identified automatically; this list may not be exhaustive.

Texaco, Inc. v. Plaquemines Parish Government 527 So. 2d 1128
Texaco, Inc. v. PLAQUEMINES PARISH GOVT., DEPT. NATURAL RESOURCES 533 So. 2d 359
Mayer v. Valentine Sugars, Inc. 444 So. 2d 618

Opinion text

533 So.2d 970 (1988) Anthony AKINS, et al. v. PARISH OF JEFFERSON, et al. COLONIAL LLOYDS INSURANCE COMPANY v. BOARD of COMMISSIONERS, et al. and Other Consolidated Cases. No. 88-CC-1755. Supreme Court of Louisiana. November 28, 1988. Granted in part. The judgment of the Court of Appeal is reversed in part, and the exception of prescription is maintained in the Weatherspoon case. See Texaco, Inc. v. Plaquemines Parish Government, 527 So.2d 1128 (La.App. 1st Cir.1988), cert. denied 533 So.2d 359 (La.1988). Otherwise, denied. WATSON, J., concurs in the action of the Court except he would grant as to the cause of action issue. LEMMON, J., concurs. I grudgingly agree that La.C.C.P. art. 856, which allows conditions of mind to be alleged generally, may defeat the exception of no cause of action, which is decided only on the petition. See Mayer v. Valentine Sugars, Inc., 444 So.2d 618 (La.1984). Relator is therefore relegated to raising the issue by motion for summary judgment.