SHERBURNE v. STATE DEPT. OF HEALTH AND HUMAN RESOURCES

No. 89-CC-2561.

551 So.2d 617 (1989)

Mary Alice SHERBURNE and Eugene Sherburne v. STATE of Louisiana through the DEPARTMENT OF HEALTH AND HUMAN RESOURCES and East Louisiana State Hospital.

Supreme Court of Louisiana.

November 17, 1989.


PER CURIAM.

Granted. The trial court's action did not amount to a declaration that the statute is unconstitutional. Accordingly, the trial court is ordered to proceed with a trial upon the constitutionality of the statute and upon any other issues remaining for trial. The judgment on the issue of liability tried separately by the court is final and appealable. La.C.C.P. art. 1915.A(5). In the interest of justice, however, the court of appeal is ordered to stay proceedings...

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