Supreme Court of Louisiana, 1998

Dominick v. Fisher

Dominick v. Fisher
Supreme Court of Louisiana · Decided July 2, 1998 · Kimball
721 So. 2d 899; 1998 La. LEXIS 2229; 1998 WL 750935 (Southern Reporter, Second Series)

Dominick v. Fisher

Opinion of the Court

In re Dominick, Mark; Brandon, Chalón; Dominick, Trisha; Dominick, Catherine M./Estate; — Plaintiff(s); applying for supervisory and/or remedial writs; Parish of Jefferson, 24th Judicial District Court, Div. “G”, Nos. 483-469, 487-964; to the Court of Appeal, Fifth Circuit, No. 98-CW-0501.

Granted. The judgment of the trial court is reversed. A ruling on the constitutionality of La.R.S. 2315.4 is premature in the context of this ease inasmuch as the defendant’s liability has not yet been established. Louisiana Associated of General Contractors, Inc. v. New Orleans Aviation Board, 97-CA-0752, (La.10/31/97), 701 So.2d 130; Compare Earl J. Adams, Jr. v. J.E. Merit Construction, Inc., et al 97-CC-2005 (La.5/19/98), 712 So.2d 88. Case remanded to the trial court for further proceedings.

KIMBALL, J., not on panel.

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