Supreme Court of Louisiana, 1994

Schmidt v. Dorwin

Schmidt v. Dorwin
Supreme Court of Louisiana · Decided December 9, 1994 · Hall, Lemmon
647 So. 2d 1114; 1994 La. LEXIS 2982; 1994 WL 694866 (Southern Reporter, Second Series)

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.