Opinion
No. 95-CD-0675
March 30, 1995
IN RE: Fowler, Jerry Comr./Elec.; Louisiana Dept. Elec./Regist.; — Defendant(s); Applying for Supervisory and/or Remedial Writs; Parish of East Baton Rouge Nineteenth Judicial District Court Div. "I" Number 413,377
Granted. The trial court has decreed, and the parties agree, that the Justice Department's objection to La.R.S. 18:115 (F)(2) renders that portion of the act invalid. However, that portion of the Act is severable, the other provisions of the Act are not affected, and the Act may therefore be given effect without the invalid provision. La.R.S. 24:175; State v. Cinel, 646 So.2d 309, 314 (La. 1994); Succession of Lauga, 624 So.2d 1156, 1171 (La. 1993); State v. Johnson, 343 So.2d 705 (La. 1977); Roy v. Edwards, 294 So.2d 507 (La. 1974); Gaudet v. Economical Super Market, 237 La. 1082, 112 So.2d 720 (1959); Pollitt v. Connick, 596 F. Supp. 261 (E.D. La. 1984); 2 Singer, Sutherland Statutory Construction, section 44.04, (Sands 4th ed., 1986). Accordingly, the judgment of the district court is reversed and the plaintiff's petition is dismissed.
JLD
PFC
WFM
JCW
LEMMON, J. votes to grant the application and docket for expedited consideration.
KIMBALL, J. dissents from the issuance of the per curiam. Because of the importance of the issues presented in this application, I would grant and docket this matter for expedited briefing and argument.
JOHNSON, J. not on panel.
VICTORY, J. votes to grant the application and docket for expedited consideration.