Supreme Court of Louisiana, 1976

State ex rel. Department of Highways v. James

Supreme Court of Louisiana · Decided January 16, 1976 · Arbitrary, Dixon, Evaluation, Justifies, Re, Review, Showing, Summers, Tate

324 So. 2d 812; 1976 La. LEXIS 4923 (Southern Reporter, Second Series)

Opinion of the Court

In re: Evelyn Smith James and Louis Joseph James applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of West Baton Rouge, 321 So.2d 888.

Writ refused. The issues are essentially factual. On the facts found by the court of appeal, there is no error of law.

SUMMERS, TATE and DIXON, JJ., dissent. The strong showing of arbitrary appellate re-evaluation of facts justifies further review.

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