Legal Opinion
Osborne v. Stone
Supreme Court of Louisiana
Decided October 21, 1985No. 85-C-1531PublishedCited by 5 opinions
1Opinion of the Court
In re: Osborne, Milton, Jr.; Applying for Writ of Certiorari and/or Review; to the Court of Appeal, 472 So.2d 223, First Circuit, Number CA 84 0517; Parish of East Baton Rouge 19th Judicial District Court Div. “H” Number 261,717.
Granted. The contention of laches may not be raised by exception; assuming without deciding that laches' is available in Louisiana, it may be urged only as an affirmative defense. See LSA-C.C.P. art. 1005, Comment (e). The judgments of the trial court and Court of Appeal are vacated and the case is remanded for further proceedings according to law.
2Cases cited1 opinion
- Osborne v. StoneLouisiana Court of Appeal · 1985
3Cited by5 opinions
- Resolution Trust Corp. v. International InsuranceDistrict Court, E.D. Louisiana · 1991
- Walker Resources, Inc. v. Jif's Petroleum Services, Inc.Louisiana Court of Appeal · 1989
- La. State Med. Soc. v. La. State Bd. of NursingLouisiana Court of Appeal · 1986
- DeVillier v. DeVillierLouisiana Court of Appeal · 1989
- Osborne v. StoneSupreme Court of Louisiana · 1985