Sarpy v. Sarpy

I dissent. One judge of this panel has expressed disagreement (in explanation of his vote to grant a rehearing) with the majority opinion modifying the trial court’s judgment. LSA-Const.1974, Art. 5, § 8(B) provides that where one judge of a three-judge panel dissents from the modification or reversal of a district court judgment, reargument before a five-judge panel is required. Where no application for writs has been made to the Supreme Court, our judgment is final only after denial of the application for rehearing. LSA-C.C.P. art. 2166; Montagne v. Tinker, 201 So.2d 701 (La.App. 3d Cir.…