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
Love
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

1LOVE, J.,

Dissents in Part and Concurs in Part.

I respectfully dissent for the reasons assigned by Chief Judge Byrnes. Further, no procedure exists under Louisiana law for a collateral attack on the declaratory judgment.

I concur in the balance of the majority opinion.

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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