PACIFICORP CAPITAL, INC. v. STATE, 604 So.2d 714 (La.App. 1 Cir. 1992)

PACIFICORP CAPITAL, INC. v. STATE OF LOUISIANA, THROUGH THE DIVISION OF ADMINISTRATION, AND THE LOUISIANA STATE UNIVERSITY MEDICAL CENTER, THROUGH LOUISIANA STATE UNIVERSITY, BOARD OF SUPERVISORS AND INTERNATIONAL BUSINESS MACHINES CORPORATION.

No. 91 CW 1833.Court of Appeal of Louisiana, First Circuit.
June 29, 1992.

APPEAL FROM NINETEENTH JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE, SUITE NO. 366,187; STATE OF LOUISIANA, HONORABLE JOSEPH F. KEOGH, J.

Before SHORTESS, LANIER and CRAIN, JJ.

CRAIN, Judge.

[1] The legal issue presented in this case is identical to that presented in Pacificorp Capital, Inc. v. State, Division of Administration, 604 So.2d 710 (La.App. 1st Cir. 1992), an Pacificorp Capital, Inc. v. State, Division of Administration, 604 So.2d 714 (La.App. 1st Cir. 1992), in which we have this date rendered opinions reversing the judgment of the trial court and sustaining the exception of prematurity raised by relators. [2] Relator in the case before us is International Business Machines Corporation (IBM). [3] For the reasons assigned in Pacificorp Capital, Inc. v. State, Division of Administration, 604 So.2d 710 (La.App. 1st Cir. 1992), we reverse the judgment of the trial court overruling IBM’s objection of prematurity. PCC must exhaust all prescribed administrative remedies before seeking judicial review or judicial determination of the issues raised regarding the validity of the contract awarded to IBM. This matter is remanded for action consistent with this opinion. [4] REVERSED AND REMANDED. [5] SHORTESS, J., concurs with reasons. [6] SHORTESS, Judge, concurring. [7] For the reasons assigned in my concurrence i Pacificorp Capital, Inc. v. State, Division of Administration, 604 So.2d 710, rendered by this court this date, I respectfully concur.