St. Tammany Parish Government v. Welsh
Also decided on this docket: La., June 17, 2016 194 So. 3d 1109
St. Tammany Parish Government v. Welsh, 195 So. 3d 1204 (La. 2016).
Authorities cited
Identified automatically; this list may not be exhaustive.
- MacK v. Wiley 991 So. 2d 479
- Howard v. Howard 992 So. 2d 932
Opinion text
KNOLL, J., would grant. 1 iBecause I find the judgment of the District Court represents a declaration of unconstitutionality, the Court of Appeal’s judgment is an absolute nullity under La. Code Civ. P. art. 2002. When the appel *1205 late court notices an absolute nullity, the court is empowered to vacate or correct the judgment on its own motion. See Mack v. Wiley, 07-2344 (La.App. 1 Cir. 5/2/08) , 991 So.2d 479, 486 , writ denied, 08-1181 (La.9/19/08), 992 So.2d 932 . Accordingly, I would grant and docket this case as an appeal to this Court.