Opinion

Hatcher v. Rouse

  • 16 La.App. 4 Cir. 0666
  • 211 So. 3d 431
  • 2017 La. App. LEXIS 130
  • 2017 WL 431780
Court
Louisiana Court of Appeal
Filed
Feb 1, 2017
Status
Published
Author
Landrieu
On the bench
Dysart, Edwards, Landrieu, Tempore
Cited by
12 cases

The opinion

LANDRIEU, J.,

CONCURS IN THE RESULT WITH REASONS.

hThe appellant brought a mandamus action against the Orleans Parish Coroner seeking production of certain public documents. A mandamus proceeding is the proper procedural mechanism for ordering the release of public records. La. R.S. 44:35. The Coroner responded to the appellant’s request for public records stating that the documents requested were not in the custody of the Coroner’s office. La. R.S. 44:34. A public official cannot be made to produce that which he does not have. Accordingly, the trial court’s dismissal of the appellant’s writ of mandamus was proper.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.