Kimble v. Giordano

Gerald KIMBLE v. Clyde GIORDANO and Plaquemines Parish Government.

Supreme Court of Louisiana

Decided February 9, 1996.

Supreme Court of Louisiana · decided 1996-02-09

Cited by 9 later decisions — most recently September 2009

8 state decisions

Key passage — most relied on by later courts

“Plaintiff's judgment against the parish arises in tort rather than from expropriation or appropriation. La. Const. art. VI, sec. 42(A) does not apply. Accordingly, the judgment of the court of appeal is reversed and the judgment of the trial court maintaining the exception of no cause of action and dismissing the mandamus action is reinstated.”

quoted by 1 later decision, including Guinn v. Rapides Parish Police Jury

Good law ✅— No negative treatment on recordhow we know

Decided 1996-02-09

View the full empirical analysis of this case →

¶1 *543 Granted. Plaintiff's judgment against the parish arises in tort rather than from expropriation or appropriation. La. Const. art. VI, sec. 42(A) does not apply. Accordingly, the judgment of the court of appeal is reversed and the judgment of the trial court maintaining the exception of no cause of action and dismissing the mandamus action is reinstated.

¶2LEMMON and JOHNSON, JJ., would grant and docket.

¶3WATSON, J., joins the grant and order but would add to emphasize the prohibition against seizure of public property or money under the constitution.

¶4CALOGERO, C.J., would deny the writ.