Boudreaux v. State of Louisiana

Catterson, J. (dissenting).

Because I believe that the motion court erred in sua sponte vacating the plaintiffs’ CPLR 5402 filing of a judgment against the State of Louisiana and in denying their motion for technical corrections to that filing, I respectfully dissent.

The facts of the underlying action brought in Louisiana are undisputed but should be noted nonetheless. In April 1983, a “devastating flood” occurred in Tangipahoa Parish, damaging the plaintiffs’ property.1 (Boudreaux v State, Dept. of Transp. & Dev., 906 So 2d 695, 698 [La Ct App 2005], writ denied 924 So 2d 1018 [La 2006].) A…