Hill ex rel. Williams v. City of New Orleans

Supreme Court of Louisiana
Hill ex rel. Williams v. City of New Orleans, 549 So. 2d 858 (La. 1989)
1989 WL 117327
Being, Cole, Lemmon, Marcus, Overruled, Reasons, State

Hill ex rel. Williams v. City of New Orleans

Opinion of the Court

PER CURIAM.

GRANTED: As the court of appeal correctly noted, a judgment creditor is entitled to examine his debtor even though the latter is a public body. Fontenot v. State, et al, 355 So.2d 1324 (La. 1978). However, the examination must be conducted with regard to legal limitations on executing the subject judgment. For example, examination about property owned by the City of New Orleans is pointless because public property is exempt from seizure. LSA-Const. art. 12, § 10(C).

The trial court is instructed to allow the judgment debtor examination to be conducted, but to make such protective orders as are appropriate, after giving the parties an opportunity to be heard.

The stay order is recalled and the writ application is otherwise denied.

MARCUS, J., dissents, being of the opinion that Fontenot v. State, 355 So.2d 1324 (La. 1978), be overruled.

Dissenting Opinion

LEMMON, J.,

dissents. The judgment debtor rule should be dismissed, and plaintiff should be relegated to discovery procedures in order to determine whether the City is paying judgments and settlements in a fair and impartial manner and any other questions relating to collection of the judgment.

COLE, J., dissents for reasons assigned by LEMMON, J.

Reference

Full Case Name
Ruth HILL on Behalf of Earl WILLIAMS v. CITY OF NEW ORLEANS
Cited By
2 cases
Status
Published