2010-CA-1822 DAISY LUCERO MARCILE AND TRACY LUCERO, INDIVIDUALLY AND OBO HER MINOR CHILD, TRISTON WILLIBER v. NEAL DAUZAT AND CITY OF MARKSVILLE (Parish of Avoyelles)

State: Louisiana

Court: Supreme Court

Docket No: 10CA1822.opn

Case Date: 09/24/2010

Plaintiff: 2010-CA-1822 DAISY LUCERO MARCILE AND TRACY LUCERO, INDIVIDUALLY AND OBO HER MINOR CHILD, TRISTON WI

Defendant: NEAL DAUZAT AND CITY OF MARKSVILLE (Parish of Avoyelles)

Preview:Supreme Court of Louisiana

FOR IMMEDIATE NEWS RELEASE NEWS RELEASE #066 FROM: CLERK OF SUPREME COURT OF LOUISIANA
The Per Curiam handed down on the 24th day of September, 2010, is as follows: PER CURIAM:
2010-CA-1822 DAISY LUCERO MARCILE AND TRACY LUCERO, INDIVIDUALLY AND OBO HER
MINOR CHILD, TRISTON WILLIBER MARKSVILLE (Parish of Avoyelles)  v.  NEAL  DAUZAT  AND  CITY  OF
Chief Justice Kimball not participating in this opinion.
Accordingly, we vacate the judgment of the district court.  The

case is remanded to the district court to allow plaintiffs to
specially plead the unconstitutionality of La. R.S. 13:5105(D),should they wish to do so, and for the issue to be fullylitigated. See La. Code Civ. P. art. 2164; Summerell v. Phillips,258 La. 587, 247 So. 2nd 542 (1971).
09/24/10

SUPREME COURT OF LOUISIANA
NO. 10-CA-1822
DAISY LUCERO MARCILE, AND TRACY LUCERO,
INDIVIDUALLY AND ON BEHALF OF HER MINOR CHILD,
TRISTON WILLIBER

V.
NEAL DAUZAT AND CITY OF MARKSVILLE
PER CURIAM*
Neal Dauzat and the City of Marksville invoke the appellate jurisdiction of this
court pursuant to La. Const. art. V,

Download 10CA1822.opn.pdf