Schmidt v. Dorwin

Supreme Court of Louisiana
Schmidt v. Dorwin, 647 So. 2d 1114 (La. 1994)
1994 La. LEXIS 2982; 1994 WL 694866
Hall, Lemmon

Schmidt v. Dorwin

Opinion of the Court

In re Schmidt, John Ernest; — Plaintiffs); applying for supervisory and/or remedial writs; Parish of Jefferson, 24th Judicial District Court, Div. “C”, No. 464-258; to the *1115Court of Appeal, Fifth Circuit, No. 94-C-0691‘

Denied.

Concurring Opinion

LEMMON, J.,

concurs. Relator may return to the district court to assert his constitutional challenge (and possibly to notify the attorney general, although La.Code Civ.Proc. art. 1880 only requires service when a statute, ordinance or franchise is alleged to be unconstitutional — here, the constitutional challenge is aimed at a court rule).

HALL, J., not on panel.

Reference

Full Case Name
John Ernest SCHMIDT v. Deborah Ann DORWIN
Status
Published