Supreme Court of Louisiana, 1994

Leydecker v. Leininger

Leydecker v. Leininger
Supreme Court of Louisiana · Decided May 6, 1994 · Dennis, Grant, Kimball, Lemmon, Writ
637 So. 2d 1053; 1994 La. LEXIS 1187; 1994 WL 173760 (Southern Reporter, Second Series)

Leydecker v. Leininger

Opinion of the Court

In re Leininger, Robert C.; Bailey, B. Ralph; Bailey & Leininger; — Defendant(s); applying for supervisory and/or remedial writs; to the Court of Appeal, Fourth Circuit, No. 93CW-2320; Parish of Orleans, Civil District Court, Div. “D”, No. 89-16854.

Denied.

Concurring Opinion

LEMMON, J.,

concurs in the denial. The denial of certiorari on the judgment overruling the exception of prescription does not constitute res judicata or the law of the case in this court. Relator may therefore reurge the prescription issue to this court in the event of an adverse judgment on the merits in the lower courts.

KIMBALL, J., would grant the writ. DENNIS, J., not on panel.

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