Osborne v. Stone, 476 So. 2d 809 (La. 1985). · Go Syfert
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Osborne v. Stone, 476 So. 2d 809 (La. 1985). Cases Citing This Book View Copy Cite
10 citation events across 4 distinct courts.
Strongest positive: Resolution Trust Corp. v. International Insurance (laed, 1991-07-01)
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited "see" Resolution Trust Corp. v. International Insurance
E.D. La. · 1991 · signal: see · confidence high
See Osborne v. Stone, 472 So.2d 223 (La.App. 1st Cir.), vacated on other grounds, 476 So.2d 809 (La.1985) (specifically not deciding whether “laches is available in Louisiana”).
cited Cited "see" DeVillier v. DeVillier
La. Ct. App. · 1989 · signal: see · confidence high
See, for example, Osborne v. Stone, 476 So.2d 809 (La.1985), which peremptorily reversed 472 So.2d 223 (La.App. 1st Cir.1985).
Retrieving the full opinion text from the archive…
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.
85-C-1531.
Supreme Court of Louisiana.
Oct 21, 1985.
476 So. 2d 809
Calogero.
Published

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 the case is remanded for further proceedings according to law.

DIXON, C.J., concurs in the grant and reversal and remand. There is no "laches" in La., C.C. 3457. I would remand to determine whether plaintiff abandoned his position or waived his rights.

CALOGERO, J., would simply grant the writ and bring the case up.