State ex rel. Guste v. City of New Orleans

Jan 27, 1978
No. 61339
Versions:354 So. 2d 1374
1978 La. LEXIS 5265

Lead Opinion

In re: State of Louisiana, ex reí. Guste, Attorney General and Representatives R. Harmon Drew and B. F. O’Neal applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. 353 So.2d 1117.

Not considered. Although the judgment below appears to be incorrect, it has become final because no application for rehearing was filed in the court of appeal.





Concurrence Opinion

SUMMERS and TATE, JJ.,

concur. Due to the failure of the plaintiffs to apply for rehearing in the court of appeal, by statute the judgment in favor of the defendants has become final, although in our view it is erroneous. However, while the judgment may be res judicata as to the parties as to past payments, it is not res judicata as to persons not parties to these proceedings, Louisiana Civil Service League v. Forbes, 258 La. 390, 246 So.2d 800 (1971), and as to parties it is arguably not res judicata as to future payments, see State v. American Sugar Ref. Co., 108 La. 603, 32 So. 965 (1902), and the recent Firefighters decisions.





Concurrence Opinion

CALOGERO and MARCUS, JJ.,

concur. The judgment herein became final before application for writs was filed in this court.