Supreme Court of Louisiana, 1985

Osborne v. Stone

Supreme Court of Louisiana · Decided October 21, 1985 · Bring, Calogero, Dixon, Grant, Writ

476 So. 2d 809; 1985 La. LEXIS 9727 (Southern Reporter, Second Series)

Cases that cite this one

6 later published cases cite this decision.

Walker Resources, Inc. v. Jif's Petroleum Services, Inc. (La. Ct. App. 1989)
Mason v. Kansas City Southern Ry. Co. (La. Ct. App. 2000)
Resolution Trust Corp. v. International Insurance (United States District Court Eastern District of Louisiana 1991)
DeVillier v. DeVillier (La. Ct. App. 1989)
La. State Med. Soc. v. La. State Bd. of Nursing (La. Ct. App. 1986)
Osborne v. Stone (La. 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In re: Osborne, Milton, Jr.; Applying for Writ of Certiorari and/or Review; to the Court of Appeal, 472 So.2d 223, First Circuit, Number CA 84 0517; Parish of East Baton Rouge 19th Judicial District Court Div. “H” Number 261,717.

Granted. The contention of laches may not be raised by exception; assuming without deciding that laches' is available in Louisiana, it may be urged only as an affirmative defense. See LSA-C.C.P. art. 1005, Comment (e). The judgments of the trial court and Court of Appeal are vacated and the case is remanded for further proceedings according to law.

Concurring Opinion

DIXON, C.J.,

concurs in the grant and reversal and remand. There is no “laches” in La., C.C. 3457. I would remand to determine whether plaintiff abandoned his position or waived his rights.

CALOGERO, J., would simply grant the writ and bring the case up.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.