City of Vidalia v. Russ

Full title: CITY OF VIDALIA, PLAINTIFF-APPELLEE, v. J.A. RUSS, D/B/A J.A. RUSS…

Court: Court of Appeal of Louisiana, Third Circuit

Date published: Nov 7, 1986

491 So. 2d 1378 (La. Ct. App. 1986)

Opinion

No. 85-6611.

June 25, 1986. Rehearing Denied August 13, 1986. Writ Denied November 7, 1986.

APPEAL FROM SEVENTH JUDICIAL DISTRICT COURT, PARISH OF CONCORDIA, STATE OF LOUISIANA, HONORABLE W.C. FALKENHEINER, DISTRICT JUDGE, PRESIDING.

Daniel W. Richey, Vidalia, for defendant-appellant.

Jack H. McLemore, Jr., Vidalia, for plaintiff-appellee.

Before STOKER, KING and COX,^_ JJ.

_ Judge Ronald D. Cox of the Fifteenth Judicial District Court, participated in this decision by appointment of the Louisiana Supreme Court as Judge Pro Tempore.

STOKER, Judge.

For the reasons assigned in the consolidated case of Concordia Parish School Board v. J.A. Russ, d/b/a J.A. Russ Construction Company, Inc., our docket number 85-660, 491 So.2d 1368, in which a separate decision is being rendered by us this date, the judgment of the district court is reversed and set aside. This case is remanded to the trial court for retrial and reconsideration in light of and consistent with the views expressed therein. The costs of court of appeal, are assessed equally to the parties insofar as they may be legally imposed upon the city of Vidalia.

REVERSED AND REMANDED.

[3] PER CURIAM.

For the reasons given in our per curiam to the companion case of Concordia Parish School Board v. J.A. Russ, d/b/a Russ Construction Company, Inc., 491 So.2d 1368 (La.App. 3d Cir. 1985), our docket number 85-660, the application for rehearing in this case denied.