CW-0016-0128 Nonprecedential Processed

John W. Kirklin v. City of Alexandria

Louisiana Court of Appeal, Third Circuit · Filed July 20, 2016

Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
P.O. Box 16577
Lake Charles LA 70616
(337) 433-9403

Cory Paul Roy Brandon J. Scott
Attorney at Law Attorney at Law
P. O. Box 544 P. O. Box 544
Marksville LA 71351 Marksville LA 71351

Benjamin D. James
Roy & Scott
107 North Washington Street
Marksville LA 71351

REHEARING ACTION: July 20, 2016

Docket Number: 16 00128-CW

JOHN W. KIRKLIN, ET AL.
VERSUS
CITY OF ALEXANDRIA, ET AL.

Writ Application from Rapides Parish Case No. 229,258

BEFORE JUDGES:

Hon. Sylvia R. Cooks
Hon. Elizabeth A. Pickett
Hon. Billy Howard Ezell
Hon. Phyllis M. Keaty
Hon. John E. Conery

As counsel of record in the captioned case, you are hereby notified that the application

for rehearing filed by John W. Kirklin is:

MOTION FOR REHEARING GRANTED.
WRIT GRANTED AND MADE PEREMPTORY.
JUDGMENT OF DISMISSAL REINSTATED.

Cooks, J. concurs in the granting of the application for
rehearing and in the grant of the writ application; and
dissents from the reinstatement of the judgment of
dismissal. I would remand the case in the interest of
justice to allow plaintiff to present evidence of his
mental status during the relevant time period and for
further proceedings following all parties’ relevant
submissions.

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
P.O. Box 16577
Lake Charles LA 70616
(337) 433-9403

cc: H. Bradford Calvit, Counsel for the Applicant
Eli J. Meaux, Counsel for the Applicant
Cory Paul Roy, Counsel for the Respondent
Brandon J. Scott, Counsel for the Respondent