Kimble v. Giordano
Also decided on this docket: La., February 9, 1996 667 So. 2d 542
Kimble v. Giordano, 667 So. 2d 542 (La. 1996).
Cited by
Overruled in 2
- Vogt v. BD. OF COM'RS ORLEANS LEVEE DIST. 814 So. 2d 648 La. Ct. App. 4th Cir. 2002
- Vogt v. Board of Commissioners 814 So. 2d 648 La. Ct. App. 1st Cir. 2002
- Guinn v. Rapides Parish Police Jury 708 So. 2d 835 La. Ct. App. 3d Cir. 1998
- Eppinette v. City of Monroe 698 So. 2d 658 La. Ct. App. 2d Cir. 1997
- Reichert v. State, Dept. of Transp. and Development 694 So. 2d 193 La. 1997
- Gravolet v. BD. OF COM'RS. 676 So. 2d 199 La. Ct. App. 4th Cir. 1996
- Reichert v. State, Department of Transportation & Development 674 So. 2d 1105 La. Ct. App. 2d Cir. 1996
- Reichert v. STATE, DEPT. OF TRANSP. & DEV. 674 So. 2d 1105 La. Ct. App. 2d Cir. 1996
Opinion text
*543 In re Giordano, Clyde; Plaquemines Parish Government; — Defendant(s); applying for supervisory and/or remedial writs; Parish of Plaquemines, 25th Judicial District Court, Div. “A”, No. 39-506; to the Court of Appeal, Fourth Circuit, No. 95CW-1034. Granted. Plaintiffs judgment against the parish arises in tort rather than from expropriation or appropriation. La. Const. art. VI, sec. 42(A) does not apply. Accordingly, the judgment of the court of appeal is reversed and the judgment of the trial court maintaining the exception of no cause of action and dismissing the mandamus action is reinstated. LEMMON and JOHNSON, JJ., would grant and docket. WATSON, J., joins the grant and order but would add to emphasize the prohibition against seizure of public property or money under the constitution. CALOGERO, C.J., would deny the writ.