Greater Baton Rouge Airport District v. Hays
Greater Baton Rouge Airport District v. Hays
Concurring Opinion
concurring. I am of the opinion the money judgment awarded defendants the interest which defendants contend is due.
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.
“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*358 dural 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
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.
“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