Interdiction of F.T.E.

I

My initial disagreement with the majority disposition arises on constitutional grounds. Stated directly, under present circumstances, the judicial commitment case should never have been referred to a panel of five judges.

Concerning review by three-judge courts of appeal panels, LSA-Const. Art. 5, § 8(B) states:

(B) Judgments. A majority of the judges sitting in a case must concur to render judgment. However, in civil matters only, when a judgment of a district court is to be modified or reversed and one judge dissents, the case shall be rear-gued before a panel of at least five judges prior…