
    John Ernest SCHMIDT v. Deborah Ann DORWIN.
    No. 94-CC-2428.
    Supreme Court of Louisiana.
    Dec. 9, 1994.
   In re Schmidt, John Ernest; — Plaintiffs); applying for supervisory and/or remedial writs; Parish of Jefferson, 24th Judicial District Court, Div. “C”, No. 464-258; to the Court of Appeal, Fifth Circuit, No. 94-C-0691‘

Denied.

LEMMON, J.,

concurs. Relator may return to the district court to assert his constitutional challenge (and possibly to notify the attorney general, although La.Code Civ.Proc. art. 1880 only requires service when a statute, ordinance or franchise is alleged to be unconstitutional — here, the constitutional challenge is aimed at a court rule).

HALL, J., not on panel.  