Legal Opinion

Shillingford v. Holmes

Louisiana Court of Appeal

Decided January 3, 1983No. C 0254PublishedCited by 2 opinions

1Per curiam

In this writ application relator, the City of New Orleans, complains the trial court erred in overruling its exceptions of prescription and no cause of action. We agree. While such orders are interlocutory judgments over which this Court does not ordinarily exercise its supervisory jurisdiction, writs should, nonetheless, be granted when it is clear that the plaintiff cannot prevail on the merits; such action is dictated by considerations of efficient judicial administration and fundamental fairness to litigants. Mangin v. Auter, 360 So.2d 577 (La.App.1978). The instant petition, on its face,…

2Cases cited2 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Mangin v. AuterLouisiana Court of Appeal · 1978

3Cited by2 opinions

  1. Pankratz v. Noble Drilling Corp.Louisiana Court of Appeal · 1986
  2. Stuart v. Cooper Tire & Rubber Co.Louisiana Court of Appeal · 1989

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