Supreme Court of Louisiana, 1976

Vidrine v. White

Vidrine v. White
Supreme Court of Louisiana · Decided March 19, 1976 · Summers
328 So. 2d 375; 1976 La. LEXIS 4836 (Southern Reporter, Second Series)

Vidrine v. White

Opinion of the Court

In re: Marion Overton White applying for Remedial Writs.

Writ granted. The ruling of the trial court is vacated and the case remanded.

It is ordered that the district court reconsider the validity and sufficiency of applicant’s appeal bond, particularly in relation to its possible adequacy to serve as a devolutive appeal bond.

Dissenting Opinion

SUMMERS, J.,

although I agree that this writ should be granted I believe it is necessary to have a hearing and order the record up before ordering this remand or otherwise adjudicating this case in chambers without according the recognized procedural hearing, brief, right to apply for a rehearing, etc., etc. To adopt this procedure, in my view, is to tread within or near to a deprivation of due process.

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