ISTRE v. MECHE

No. 00-CA-1316.

770 So.2d 776 (2000)

Russell Paulette Lebouef ISTRE, et al. v. Daniel MECHE, et al.

Supreme Court of Louisiana.

October 17, 2000.


Attorney(s) appearing for the Case

Lisa Eve Mayer, John Fayne Wilkes, III, Borne, Wilkes & Brady, Lafayette; Homer E. Barousse, Jr., Barousse & Craton, Crowley; Freeman Rudolph Matthews, Thomas Allen Usry, John Vito Quaglino, Usry & Weeks, Metairie; Craig Edmond Frosch, Counsel for Applicant.

Thomas David Curtis, Lafayette, Walter Kay Jamison, III, Daniel Meche (pro se), Preston D. Cloyd, John Powers Wolff, III, Charles H. Braud, Jr., Richard P. Ieyoub, Baton Rouge, Counsel for Respondent.


KIMBALL, Justice.

This case involves a direct appeal to this court from the trial court's judgment that La. R.S. 13:5105 is an unconstitutional denial of equal protection. After reviewing the record of this case, we hold the trial court erred in declaring, on its own motion, La. R.S. 13:5105(A) unconstitutional and, similarly, erred in declaring La. R.S. 13:5105(D) unconstitutional as this section was not implicated by the facts of this case. Accordingly, the trial...

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