Supreme Court of Louisiana, 1975

Jackson v. Zito

Jackson v. Zito
Supreme Court of Louisiana · Decided September 26, 1975 · Calogero, Grant, Summers, Writ
320 So. 2d 551; 1975 La. LEXIS 3874 (Southern Reporter, Second Series)

Jackson v. Zito

Opinion of the Court

In re: James Zito, applying for certio-rari, or writ of review, to the Court of Appeal, First Circuit, Parish of East Baton Rouge. 314 So.2d 401.

Writ refused. Since the case has been remanded, the judgment is not final.

Dissenting Opinion

SUMMERS, J.,

is of the opinion the writ should be granted for the reasons that the question is of widespread interest and because, in my view, the judgment of the Court of Appeal to the effect that prescription of ten years is applicable to this malpractice suit is erroneous.

CALOGERO, J., would grant this writ.

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