Larry F. Mitchell v. State of Louisiana, Department of Transportation and Development

_JiThis Court granted the writ, received briefing from the parties, and heard oral arguments; but now a majority of the *1062Court has voted to recall our order as “improvidently granted.” I dissent. “At this juncture the case should be decided on its merits.” McGrail v. Lee, 2002-1496, p. 1 (La. 4/9/03), 874 So.2d 66 (Calogero, C.J., dissenting from a writ recall).1 In its place is a recall that reflects poorly on our effort to “ensure adequate consideration of each case and make decisions,based on legally relevant factors, thereby affording every litigant the full benefit of the judicial…