Sherburne v. State ex rel. Department of Health & Human Resources

Supreme Court of Louisiana
Sherburne v. State ex rel. Department of Health & Human Resources, 551 So. 2d 617 (La. 1989)
1989 La. LEXIS 2688; 1989 WL 139033

Sherburne v. State ex rel. Department of Health & Human Resources

Opinion of the Court

PER CURIAM.

Granted. The trial court’s action did not amount to a declaration that the statute is unconstitutional. Accordingly, the trial court is ordered to proceed with a trial upon the constitutionality of the statute and upon any other issues remaining for trial. The judgment on the issue of liability tried separately by the court is final and appealable. La.C.C.P. art. 1915.A(5). In the interest of justice, however, the court of appeal is ordered to stay proceedings on the appeal until the completion of the trial upon all issues in the case or until further orders of this court.

Reference

Full Case Name
Mary Alice SHERBURNE and Eugene Sherburne v. STATE of Louisiana through the DEPARTMENT OF HEALTH AND HUMAN RESOURCES and East Louisiana State Hospital
Status
Published