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
McKay
On the bench
Armstrong, Bagneris, Bbyrnes, Byrnes, III, Jones, Kirby, Love, McKay, Murray, Plotkin, Tobias, Waltzer
Cited by
12 cases

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

1MCKAY, J.,

Dissents.

I respectfully dissent from the majority opinion in this case. 1 With regard to that portion of the majority opinion overturning the trial court judgment in favor of Ms. Hernandez, I dissent for the reasons assigned by Chief Judge Byrnes.

. Although the issue regarding the reduction of the general damage awards to Jude and Arthur Bailey were not technically before our Court for en banc consideration, their counsel was allowed to argue. Therefore, I feel compelled to address this issue. While, I do not necessarily believe that the original panel was wrong to reduce their awards. I would not have reduced to that great an extent.

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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