# Brown v. Spivey

> Supreme Court of Louisiana · August 21, 1998 · 721 So. 2d 1287

URL: https://www.frixlaw.com/law-library/cases/7718591

## Case

- **Full name:** Michael B. BROWN v. George SPIVEY
- **Court:** Supreme Court of Louisiana
- **Decided:** August 21, 1998
- **Citations:** 721 So. 2d 1287; 1998 La. LEXIS 2606; 1998 WL 754911
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Johnson, Knoll
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7718591

## Opinion text

In re Louisiana, State of; Transportation & Dev., Dept, of; — Defendant(s); applying *1288 for writ of certiorari and/or review, supervisory and/or remedial writ; Parish of East Feliciana, 20th Judicial District Court, Div. “A”, No. 27,243.
Writ granted in part. The decision of the trial court on the constitutionality of La. Rev. Stat. 9:2800(B) was premature as it was unnecessary to his ruling. See Louisiana Associated General Contractors, Inc. v. New Orleans Aviation Board, 97-0752 (La.10/31/97), 701 So.2d 130 . The trial judge may, if necessary, address the constitutional issue in the judgment following the trial on the merits. Accordingly, that portion of the judgment of the trial court declaring La.Rev. Stat. 9:2800(B) unconstitutional is set aside, and the case is remanded to the trial court for further proceedings.
JOHNSON, J., concurs.
KNOLL, J., not on panel.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7718591. Public record. Not legal advice.