STATE v. BERRY (2023)

Writ application granted. See per curiam.

Writ granted. The judgment sustaining the exception of res judicata herein is based on a summary judgment now reversed by this court. See Marvin v. Berry, 23-0214 (La. 4/25/23), ––– So. 3d ––––, 2023 WL 3073565 (per curiam). Thus, the trial court's judgment sustaining the exception of res judicata and dismissing plaintiff's claims is also reversed. See La. R.S. 13:4231 (requiring a “valid and final judgment” for res judicata). The case is remanded for further proceedings.

JUDGMENT REVERSED; CASE REMANDED.

These consolidated matters present complex res judicata issues in the context of allegations of a violation of the “Dual Officeholding and Dual Employment Law” as set forth in La. R.S. 42:61-66. In my view, these issues warrant a grant and docket to more fully examine the questions presented herein.

Crichton, J., dissents, would grant and docket and assigns reasons. Griffin, J., dissents and would grant and docket.