Supreme Court of Louisiana, 1986

Palumbo v. Phillips

Supreme Court of Louisiana · Decided January 27, 1986 · Dennis, Dixon, Grant

481 So. 2d 1018; 1986 La. LEXIS 5626 (Southern Reporter, Second Series)

Opinion of the Court

IN RE: Palumbo, Lisa; Applying for Stay, Supervisory Writ; Parish of Orleans Civil District Court Div. “K” Number 84-16405; to the Court of Appeal, Fourth Circuit, Number C 5076.

Denied.

DIXON, C.J., would grant.

Dissenting Opinion

DENNIS, J.,

would grant. R.S. 13:3105 does not authorize the trial judge to convert the case into a judge trial. At most, the statute permits the judge to refuse to proceed without payment of costs.

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