Supreme Court of Louisiana, 2017

Domingue v. Imperial Management Corp.

Domingue v. Imperial Management Corp.
Supreme Court of Louisiana · Decided February 17, 2017 · Hughes, Reasons
211 So. 3d 379; 2017 WL 656318; 2017 La. LEXIS 297 (Southern Reporter, Third Series)

Domingue v. Imperial Management Corp.

Concurring Opinion

Hughes, J.,

concurring.

hi concur in the result. The issue of damages on the merits is not reached in considering a petition for nullity. If the petition is denied, the judgment stands. If nullity is granted, the judgment is vacated and the parties are back to square one.

Opinion of the Court

PER CURIAM

11 Granted. In light of plaintiffs’ admission in open court that they were not seeking any damages (other than statutory attorney fees) in connection with their petition for nullity, we find the principal demand in this case does not satisfy the jurisdictional threshold for a jury trial pursuant to La. Code Civ. P. art. 1732. Accordingly, the judgment of the court of appeal is reversed, and the judgment of the district court striking the jury trial is reinstated. The case is remanded to the district court for further proceedings.

Hughes, J., concurs and assigns reasons.

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