St. Tammany Parish Gov't
v.
Welsh

Not overruled or negatively treated on appealinfoCoverage
Supreme Court of Louisiana.Jun 28, 2016
195 So. 3d 1204 (La. 2016)

No. 2016–C–0657.

06-28-2016

ST. TAMMANY PARISH GOVERNMENT v. James H. WELSH, in His Capacity as Commissioner of Conservation of the State Of Louisiana, Department of Natural Resources.


Reconsideration not considered.

JOHNSON, C.J., would grant.

KNOLL, J., would grant and assigns reasons.

GUIDRY, J., would grant and assigns reasons.

KNOLL, J., would grant.

Because I find the judgment of the District Court represents a declaration of unconstitutionality, the Court of Appeal's judgment is an absolute ity under La.Code Civ. P. art.2002. When the appellate court notices an absolute ity, the court is empowered to vacate or correct the judgment on its own motion. See Mack v. Wiley, 07–2344 (La.App. 1 Cir. 5/2/08), 991 So.2d 479, 486, writ denied, 08–1181 (La.9/19/08), 992 So.2d 932. Accordingly, I would grant and docket this case as an appeal to this Court.

GUIDRY, Justice, would grant the application for reconsideration for the same reasons given in reference to the original writ application.