Pacificorp Capital, Inc. v. State

Full title: PACIFICORP CAPITAL, INC. v. STATE OF LOUISIANA, THROUGH THE DIVISION OF…

Court: Court of Appeal of Louisiana, First Circuit

Date published: Jun 29, 1992

604 So. 2d 714 (La. Ct. App. 1992)

Opinion

No. 91 CW 1835.

June 29, 1992.

APPEAL FROM NINETEENTH JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE, SUITE NO. 369,801; STATE OF LOUISIANA, HONORABLE JOSEPH F. KEOGH, J.

Gerald L. Walter, Jr., Anne J. Crochet, Baton Rouge, for plaintiff Pacificorp Capital, Inc.

Kevin P. Torres, Baton Rouge, for defendant State of La., Div. of Admin.

Gordon A. Pugh, Baton Rouge, for defendant IBM.

Winston G. Decuir, Baton Rouge, for defendant Delgado Community College.

Before SHORTESS, LANIER and CRAIN, JJ.

CRAIN, Judge.

The legal issue presented in this case is identical to that presented in Pacificorp Capital, Inc. v. State, Division of Administration, 604 So.2d 714 (La.App. 1st Cir. 1992), and Pacificorp Capital, Inc. v. State, Division of Administration, 604 So.2d 710 (La.App. 1st Cir. 1992), in which we have this date rendered opinions reversing the judgment of the trial court which had overruled the exceptions of prematurity raised by relators.

For the reasons assigned in Pacificorp Capital, Inc. v. State, Division of Administration, 604 So.2d 710 (La.App. 1st Cir. 1992), we reverse the judgment of the trial court overruling IBM's objection of prematurity. PCC must exhaust all prescribed administrative remedies before seeking judicial review or judicial determination of issues raised regarding the validity of the contract awarded to IBM. This matter is remanded for action consistent with this opinion.

REVERSED AND REMANDED.

SHORTESS, J., concurs with reasons.

[5] SHORTESS, Judge, concurring.

For the reasons assigned in my concurrence in Pacificorp Capital, Inc. v. State, Division of Administration, 604 So.2d 710, rendered by this court this date, I respectfully concur.