Osborne v. Stone

476 So.2d 809 (1985)

Milton OSBORNE, Jr.

v.

Jesse N. STONE, Jr. individually and/as President of the Southern University System; B.K. Agnihotri individually and/as Dean of Southern University School of Law; and the Southern University Board of Supervisors.

No. 85-C-1531.

Supreme Court of Louisiana.

October 21, 1985.

Granted. The contention of laches may not be raised by exception; assuming without deciding that laches is available in Louisiana, it may be urged only as an affirmative defense. See LSA-C.C.P. art. 1005, Comment (e). The judgments of the trial court and Court of Appeal are vacated and…