Greater Baton Rouge Airport District v. Hays

Louisiana Court of Appeal
Greater Baton Rouge Airport District v. Hays, 353 So. 2d 357 (1977)
1977 La. App. LEXIS 4797
Dennis, Edwards, Granted, Lottinger, Ponder, Should, Summers

Greater Baton Rouge Airport District v. Hays

Concurring Opinion

SUMMERS, J.,

concurring. I am of the opinion the money judgment awarded defendants the interest which defendants contend is due.

DENNIS, J., is of the opinion the writ should be granted.”2

Defendants contend that this action had the effect of a summary judgment amending the decision of the Court of Appeal so as to allow them interest from October, 1972. The lower court did not agree nor do we.

Admittedly, the Supreme Court has supervisory power over all other courts.3 *358Its rules allow the grant of summary relief when a writ is granted.4 In the instant case, however, the writ was denied. The concurring additional reasons, even if subject to the interpretation made by defendants, do not outweigh the positive effect of:

“Writ denied. The result is correct.”

This left effective the judgment of the Court of Appeal allowing interest only from the date of judgment. The lower court was correct in denying the relief sought.

AFFIRMED.

.Art. 5, Sec. 5(A), LSA Const. (1974):

“Section 5. (A) * * * The Supreme Court has general supervisory jurisdiction over all other courts. It may establish proce*358dural and administrative rules not in conflict with law . . .

. Rule X, Sec. 3 of the Louisiana Supreme Court Rules:

“Section 3.
******
(b) At the time the writ is granted, the court may order summary relief. * * * ”

Opinion of the Court

PONDER, Judge.

Defendants appealed from a judgment denying interest on an expropriation award prior to the date of judgment.

The issue is the effect of concurring reasons given in the denial of a writ of certio-rari or review. We affirm.

In October, 1972, plaintiff by agreement with the defendants entered on defendants’ land to cut some trees in line with the runway at the Greater Baton Rouge Airport. In December, 1973, plaintiff filed an expropriation suit for an avigation servitude; this was granted in November, 1975. The judgment rejected defendants’ demands for interest from October, 1972, but did allow interest from the date of filing of suit. This Court amended the judgment to allow interest from the date of judgment only.1 The Supreme Court acted on the application for writs as follows:

“Writ denied. The result is correct.
Additional concurring reasons.
We construe the judgment of the Court of Appeal as an award of the avigation servitude to the plaintiffs and a money judgment in favor of defendants.

. 339 So.2d 431 (1st Cir. 1976).

Reference

Full Case Name
GREATER BATON ROUGE AIRPORT DISTRICT v. Mrs. Florence Hobgood HAYS
Cited By
1 case
Status
Published