Brinker v. Junction City Wood Co.

La. Const. Art. V, § 5(D) provides that, when a law has been declared unconstitutional, the case is appealable to the supreme court. Since the trial court had declared La. R.S. 3:4278.2 unconstitutional as applied to plaintiffs, this court transferred this appeal to the supreme court. After concluding that a non-constitutional resolution was available, the Louisiana Supreme Court determined that the trial court should have declined to rule on the constitutionality of La. R.S. 3:4278.2. The supreme court vacated the trial court’s declaration of unconstitutionality and remanded the matter to…