Opinion

Minor v. Robertson

  • 461 So. 2d 509
  • 1984 La. App. LEXIS 10135
Court
Louisiana Court of Appeal
Filed
Dec 12, 1984
Status
Published
Author
Guidry
On the bench
Domengeaux, Guidry, Knoll
Cited by
4 cases

The opinion

GUIDRY, Judge,

concurring.

I concur in the result. However, applying the rationale of Succession of Brown, 388 So2d 1151 (La.1980), I would declare La.C.C. Art. 918 (repealed by Act 919 of 1981) unconstitutional under the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution and Article 1 Section 3 of the Louisiana Constitution of 1974. Additionally, applying the rationale of Succession of Clivens, 426 So2d 585 (La.1982), I would limit the effect of this declaration of unconstitutionality to inheritance rights acquired by illegitimates on and after the effective date of the Louisiana Constitution of 1974, i.e., January 1, 1975.

For these reasons, I respectfully concur.

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.

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