Legal Opinion · Dissent
Silva v. Winn-Dixie Louisiana
Louisiana Court of Appeal
Decided December 20, 1990No. 89-CA-1873Published
1DissentPlotkin, Judge
Because I disagree with the majority’s conclusion that the plaintiff is precluded *812from raising his objections concerning the legality of the form signed by the parties which waived the provisions of LSA-R.S. 13:1171(D) through (G), I respectfully dissent.
LSA-R.S. 13:1171, the pertinent provisions of which are quoted by the majority, is a mandatory statute. It establishes the rights and the responsibilities of parties who allow their disputes to be heard by Civil District Court commissioners. Additionally, and perhaps more importantly, the Louisiana State Constitution, in Art. 5 Sec. 22,…
2Cases cited8 opinions
- RJ D'HEMECOURT PETROLEUM v. McNamaraSupreme Court of Louisiana · 1983
- Bordelon v. Louisiana Dept. of CorrectionsSupreme Court of Louisiana · 1981
- Wickliffe v. Cooper & SperrierSupreme Court of Louisiana · 1926
- Quarles Drilling v. General Acc. Ins. Co.Louisiana Court of Appeal · 1988
- Larson v. HuskeyLouisiana Court of Appeal · 1983
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