
    Ruth HILL on Behalf of Earl WILLIAMS v. CITY OF NEW ORLEANS, et al.
    No. 89-CC-2085.
    Supreme Court of Louisiana.
    Oct. 6, 1989.
   PER CURIAM.

GRANTED: As the court of appeal correctly noted, a judgment creditor is entitled to examine his debtor even though the latter is a public body. Fontenot v. State, et al, 355 So.2d 1324 (La.1978). However, the examination must be conducted with regard to legal limitations on executing the subject judgment. For example, examination about property owned by the City of New Orleans is pointless because public property is exempt from seizure. LSA-Const. art. 12, § 10(C).

The trial court is instructed to allow the judgment debtor examination to be conducted, but to make such protective orders as are appropriate, after giving the parties an opportunity to be heard.

The stay order is recalled and the writ application is otherwise denied.

MARCUS, J., dissents, being of the opinion that Fontenot v. State, 355 So.2d 1324 (La.1978), be overruled.

LEMMON, J.,

dissents. The judgment debtor rule should be dismissed, and plaintiff should be relegated to discovery procedures in order to determine whether the City is paying judgments and settlements in a fair and impartial manner and any other questions relating to collection of the judgment.

COLE, J., dissents for reasons assigned by LEMMON, J.  