Legal Opinion · Dissent

Peck v. Richmar Construction, Inc.

Louisiana Court of Appeal

Decided February 26, 2014No. 2013 CA 1170Published

1DissentMcCLENDON, J.

|,I disagree with the majority’s analysis regarding statutory construction and, specifically, the majority’s failure to harmonize LSA-C.C.P. art. 1067 and LSA-R.S. 9:2772. See LSA-C.C. art. IB.1

In applying the general rules of statutory construction, the meaning and intent of a law is to be determined by a consideration of the law in its entirety and all other laws on the same subject matter, *1051and a construction should be placed on the provision in question which is consistent with the express terms of the law and with the obvious intent of the lawmaker in enacting it. Where it is possible to…

2Cases cited5 opinions

  1. Bunch v. Town of St. FrancisvilleLouisiana Court of Appeal · 1984
  2. Metairie III v. Poche' Construction, Inc.Louisiana Court of Appeal · 2010
  3. Reggio v. E.T.I.Supreme Court of Louisiana · 2008
  4. Ebinger v. Venus Construction Corp.Supreme Court of Louisiana · 2011
  5. Klein v. AllenLouisiana Court of Appeal · 1985

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