Meaux v. Galtier

Summary

The Supreme Court of Louisiana dismissed an appeal invoking its constitutional appellate jurisdiction over a purported declaration that Louisiana Civil Code article 191 was unconstitutional. The court held that the district court's judgment merely denied an exception of prescription or peremption, and that constitutional arguments raised only in a memorandum were not properly pleaded or sufficient to establish appellate jurisdiction.

Holdings

1. The Supreme Court lacked appellate jurisdiction because the district court's judgment did not declare any law or ordinance unconstitutional; discussion of constitutionality in the court's reasons was insufficient.
2. A constitutional challenge must be specially pleaded in a petition, exception, written motion, or answer; it may not be raised solely in a memorandum, opposition, or brief.

Questions Presented

1. Whether the Louisiana Supreme Court had appellate jurisdiction under La. Const. art. V, § 5(D) when the district court's judgment denied an exception but did not declare a law or ordinance unconstitutional.
2. Whether a constitutional challenge to a statute may be raised in a memorandum rather than in a pleading recognized by the Louisiana Code of Civil Procedure.

Disposition

dismissed