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In re Concerned Citizens of St. Tammany Parish; — Other; Applying for Reconsideration of this Court’s action dated June 17, 2016, Parish of E. Baton Rouge, 19th Judicial District Court Div. E, No. 631370; to the Court of Appeal, First Circuit, No. 2015 CA 1152. Reconsideration not considered.
JOHNSON, C.J., would grant.
KNOLL, J., would grant and assigns reasons.
GUIDRY, J., would grant and assigns reasons.
KNOLL, J.,
would grant.
1 iBecause I find the judgment of the District Court represents a declaration of unconstitutionality, the Court of Appeal’s judgment is an absolute nullity under La. Code Civ. P. art. 2002. When the appellate court notices an absolute nullity, the court is empowered to vacate or correct the judgment on its own motion. See Mack v. Wiley, 07-2344 (La.App. 1 Cir. 5/2/08), 991 So.2d 479, 486, writ denied, 08-1181 (La.9/19/08), 992 So.2d 932. Accordingly, I would grant and docket this case as an appeal to this Court.
11 GUIDRY, Justice,
would grant the application for reconsideration for the same reasons given in reference to the original writ application.
