Lowenburg v. Entergy New Orleans, Inc.
Lowenburg v. Entergy New Orleans, Inc.
Opinion of the Court
In re Entergy New Orleans Inc.; — Defendant; applying for supervisory and/or remedial writs, Parish of Orleans, Civil District Court, Div. L, Nos. 98-6638; to the Court of Appeal, Fourth Circuit, No. 99-C-1270.
Granted. Under the unique facts of this case, the court of appeal erred in declining to consider relator’s arguments regarding the trial court’s January 27, 1999 judgment on the exceptions. Accordingly, the application is remanded to the court of appeal for consideration and action.
Concurring Opinion
concurs. A judgment rendered by a court that lacks subject matter jurisdiction is void. La.Code Civ. Proc. art. 3. Whenever there is a serious issue regarding subject matter jurisdiction, a court (including an appellate court) should consider and rule on the issue at anytime, and the issue can even be raised by the court on its own motion.
Reference
- Full Case Name
- Thomas P. LOWENBURG v. ENTERGY NEW ORLEANS, INC.
- Cited By
- 7 cases
- Status
- Published