Fleming v. Maturin

ON APPLICATION FOR REHEARING

MILLER, Judge.

In his application, plaintiff contends the Louisiana Constitution of 1974 mandates that a five judge panel hear reargument because there was one dissent to the reversal of the trial court’s decision. We considered this issue before handing down our opinion and concluded that art. XIV, § 23 of the Louisiana Constitution of 1974, provides that the proceedings in this case are to be “unaffected” by other provisions of the constitution. This section states, insofar as is here applicable, that:

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