Supreme Court of Louisiana, 2004

Doerr v. Mobil Oil Corp.

Supreme Court of Louisiana · Decided January 20, 2004 · Application, Deny, Johnson, Kimball, Reasons

864 So. 2d 590; 2004 WL 103183 (Southern Reporter, Second Series)

Opinion of the Court

In Re Mobil Oil Corporation et al; Chalmette Refining L.L.C.—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of St. Bernard, 34th Judicial District Court Div. C, Nos. 83912; to the Court of Appeal, Fourth Circuit, No. 2004-C-0104

Writ granted.

KIMBALL, J., dissents and assigns reasons. JOHNSON, J., would deny the writ application.

Dissenting Opinion

KIMBALL, J.,

dissenting.

I respectfully dissent. Notwithstanding the ad hoc judge’s failure to properly withdraw from this case, Judge Cresap has been duly elected to preside over the 34th Judicial District Court, Division “C,” for the Parish of St. Bernard, the division in which this case arose. This court’s original order appointing the ad hoc judge was necessary because of impediments that no longer exist. Consequently, the order should be recalled and the case should be heard by the duly elected judge of Division “C” who is ready, willing and able to hear it.

For these reasons, I respectfully dissent.

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