Osborne v. Stone
Also decided on this docket: La., October 21, 1985 476 So. 2d 809
Osborne v. Stone, 476 So. 2d 809 (La. 1985).
Cited by
- Mason v. Kansas City Southern Ry. Co. 769 So. 2d 1249 La. Ct. App. 5th Cir. 2000
- Hartman Ent. v. Ascension-St. James 582 So. 2d 198 La. Ct. App. 1st Cir. 1991
- Walker Resources, Inc. v. Jif's Petroleum Services, Inc. 550 So. 2d 958 La. Ct. App. 5th Cir. 1989
- Osborne v. Stone 536 So. 2d 473 La. Ct. App. 1st Cir. 1988
- La. State Med. Soc. v. La. State Bd. of Nursing 484 So. 2d 903 La. Ct. App. 1st Cir. 1986
Authorities cited
Identified automatically; this list may not be exhaustive.
- Osborne v. Stone 472 So. 2d 223
Opinion text
In re: Osborne, Milton, Jr.; Applying for Writ of Certiorari and/or Review; to the Court of Appeal, 472 So.2d 223 , First Circuit, Number CA 84 0517; Parish of East Baton Rouge 19th Judicial District Court Div. “H” Number 261,717. Granted. The contention of laches may not be raised by exception; assuming without deciding that laches' is available in Louisiana, it may be urged only as an affirmative defense. See LSA-C.C.P. art. 1005, Comment (e). The judgments of the trial court and Court of Appeal are vacated and the case is remanded for further proceedings according to law.