Molero v. Bass

REDMANN, Chief Judge.

On our own motion to revoke our earlier order referring this case to a five-judge panel, the question is: After granting rehearing of a unanimous reversal of a district court judgment, must a now non-unanimous three-judge panel refer the case to a five-judge panel, or may it itself reinstate the earlier reversal? We answer that the panel may itself reinstate the earlier reversal. We therefore recall the five-judge order.

La. Const, art. 5 § 8(B) requires a five-judge panel in civil matters “when a judgment of a district court is to be modified or reversed and one judge…