John W. Kirklin v. City of Alexandria

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

P.O. Box 16577 Lake Charles LA 70616

(337) 433-9403 Cory Paul Roy Brandon J. Scott Attorney at Law Attorney at Law P. O. Box 544 P. O. Box 544 Marksville LA 71351 Marksville LA 71351 Benjamin D. James Roy & Scott 107 North Washington Street Marksville LA 71351

REHEARING ACTION: July 20, 2016 Docket Number: 16 00128-CW JOHN W. KIRKLIN, ET AL.

VERSUS CITY OF ALEXANDRIA, ET AL.

Writ Application from Rapides Parish Case No. 229,258 BEFORE JUDGES:

Hon. Sylvia R. Cooks Hon. Elizabeth A. Pickett Hon. Billy Howard Ezell Hon. Phyllis M. Keaty Hon. John E. Conery

As counsel of record in the captioned case, you are hereby notified that the application for rehearing filed by John W. Kirklin is:

MOTION FOR REHEARING GRANTED.

WRIT GRANTED AND MADE PEREMPTORY.

JUDGMENT OF DISMISSAL REINSTATED.

Cooks, J. concurs in the granting of the application for rehearing and in the grant of the writ application; and dissents from the reinstatement of the judgment of dismissal. I would remand the case in the interest of justice to allow plaintiff to present evidence of his mental status during the relevant time period and for further proceedings following all parties’ relevant submissions.

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

P.O. Box 16577 Lake Charles LA 70616

(337) 433-9403 cc: H. Bradford Calvit, Counsel for the Applicant

Eli J. Meaux, Counsel for the Applicant Cory Paul Roy, Counsel for the Respondent Brandon J. Scott, Counsel for the Respondent