Supreme Court of Louisiana, 1979

Crossley v. United States Fire Insurance

Crossley v. United States Fire Insurance
Supreme Court of Louisiana · Decided December 12, 1979 · Cmxxiicalogero
377 So. 2d 841; 1979 La. LEXIS 7739 (Southern Reporter, Second Series)

Crossley v. United States Fire Insurance

Opinion of the Court

In re Willie J. Crossley, applying for supervisory writs. Parish of Washington. Number 46,078 — E.

Not considered. Relator must first make application to the Court of Appeal.

Dissenting Opinion

CALOGERO, J.,

dissents from the action of the Court. The Court of Appeal can hardly respond to relator’s request which, meritorious or not, is directed exclusively to this Court’s discretionary authority under C.Civ.P. art. 158. We should act on the application and either grant the writ or deny it with direction to applicant to proceed further in the district court under C.Civ.P. art. 151 et seq. for recusal of the trial judge.

Furthermore, and this is not disputed by the majority herein, the trial judge has an obligation before reconvening for further trial in this matter, to respond to relator’s motion for recusal by either recusing himself or referring the motion to another judge as provided by law for a hearing on the motion. C.Civ.P. art. 154, 155, 156.

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