Supreme Court of Louisiana, 1999

Lowenburg v. Entergy New Orleans, Inc.

Lowenburg v. Entergy New Orleans, Inc.
Supreme Court of Louisiana · Decided December 17, 1999 · Kimball, Lemmon
751 So. 2d 868; 1999 La. LEXIS 3478; 1999 WL 1273559 (Southern Reporter, Second Series)

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.

KIMBALL, J., not on panel.

Concurring Opinion

LEMMON, J.,

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.

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