Opinion

Hernandez v. State ex rel. Department of Transportation & Development

  • 841 So. 2d 808
  • 2002 WL 31399047
Court
Louisiana Court of Appeal
Filed
Oct 16, 2002
Status
Published
Author
Plotkin
On the bench
Armstrong, Bagneris, Bbyrnes, Byrnes, III, Jones, Kirby, Love, McKay, Murray, Plotkin, Tobias, Waltzer
Cited by
12 cases
Authority
More cited than 0.9%

observing that “there are three ways that a final judgment may be challenged: (1) timely application for a new trial, (2) petition for nullity, and (3) timely appeal”

How later courts described this case

  • observing that “there are three ways that a final judgment may be challenged: (1) timely application for a new trial, (2) petition for nullity, and (3) timely appeal”
  • joinder of interested parties is an *328 indispensable prerequisite to the validity of a declaratory judgment

Written by the judges who cited it.

The opinion

ON APPLICATION FOR REHEARING EN BANC

1PLOTKIN, J.

This Court granted an En Banc rehearing to Vickie Hernandez, but did not grant an En Banc rehearing to Jude and Arthur Bailey 2 .

On rehearing, a majority of the Court voted to affirm the panel decision and to deny rehearing for reasons stated in the original opinion, or concur.

In addition, the majority adopts, in part, the reasoning and holding in Angelo v. Ales, (La.App.1 cir. 12/22/94), 649 So.2d 1042 .

AFFIRMED.

ARMSTRONG, J., concurs in the result.

MURRAY, J., concurs with reasons.

KIRBY, J., concurs for the reasons assigned by judge MURRAY.

BYRNES, C.J., dissents in part and concurs in part.

JONES, J., dissents in part and concurs in part for the reasons assigned by BYRNES, Chief Judge and LOVE, Judge.

MCKAY, J., dissents.

BAGNERIS, J., concurs with BYRNES, C.J., dissents in part and concurs in part.

LOVE, J., dissents in part and concurs in part.

. As a courtesy to the Bailey brothers’ counsel, the Court allowed oral argument. The three original panel members denied rehearing, as of this date.

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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