Alonzo v. State Department of Natural Resources

| TOBIAS, J.,

concurs in part, dissents in part, and assigns reasons.

I respectfully concur in part and dissent in part.

I agree with the majority that the state’s assignments of error numbers 1, 3, 6, 8 and 101 are presently moot based upon the majority’s decision.

I agree, for the reasons assigned by the majority, that the present case is neither an admiralty nor maritime claim. Therefore the trial court erred in denying the state a jury trial pursuant to La. R.S. 13:5105.2

I respectively dissent from majority’s conclusion that the Honorable Manuel A. “Manny” Fernandez should not have been…