Supreme Court of Louisiana, 1977

Moreau v. Tonry

Moreau v. Tonry
Supreme Court of Louisiana · Decided April 7, 1977 · Calogero, Dennis
343 So. 2d 1387 (Southern Reporter, Second Series)

Moreau v. Tonry

Opinion of the Court

In re: Richard A. Tonry, applying for writ of certiorari, prohibition, mandamus and stay order.

Writ denied. In accordance with our previous decision, La., 343 So.2d 1386, the trial judge has jurisdiction to try this action of nullity of the judgment.

Dissenting Opinion

CALOGERO, J.,

a majority of this court has already ruled unfavorably to applicant on the legal issue presented in this application. For this reason I concur, while nonetheless agreeing with the sentiment expressed by my brother Dennis.

Concurring Opinion

DENNIS, J.,

adheres to the view that this court should have granted a previous writ application in order to determine whether this civil litigation can have any actual legal effect on the parties so as to constitute a legitimate justiciable controversy. If it cannot, the evidence being gathered in this case should more properly be presented to a grand jury or a legislative committee.

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