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Cheron v. LCS Corrections Services

1/19/2005

cided and all causes of action arising prior to April 18, 2002, (the effective date of the current law), the record before this court contains no evidence of the number of cases affected. Obviously, there are a finite number of cases to which this opinion will apply. As this court indicated in Pope, it is permissible for the legislature to create an administrative remedy with reference to delictual matters. Indeed, passage of Act 89 provided such a remedy. However, the remedy so established cannot be applied retroactively to deprive a party of a vested right. Further, it is inappropriate to jurisprudentially create a grace period where none is legislatively provided.


CONCLUSION


For the foregoing reasons, the decision of the court of appeal denying the Department's application for writ of certiorari is affirmed.


AFFIRMED.






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