Peterson v. Parish

liBOWES, Judge,

concurring.

I concur with the result reached by the majority on this second remand. However, I do so for the reasons espoused in my two previous dissents to the two prior opinions. *1059There I declared my opinion that the issue of notice was central, and indeed essential, to the disposition of the case — and this finding must be made by this Court whether or not there exists a rebuttal brief. Peterson v. Jefferson Parish, 95-711 (La.App. 5 Cir. 10/29/96), 683 So.2d 878.

As I stated in my original dissent under either of the theories available to plaintiff in the present ease, those…