City of Shreveport v. Sanders

Supreme Court of Louisiana

City of Shreveport v. Sanders

152 So. 2d 540, 244 La. 405, 1963 La. LEXIS 2368

CourtSupreme Court of Louisiana

DecidedApril 29, 1963

DocketNo. 46346

StatusPublished

This text of 152 So. 2d 540 (City of Shreveport v. Sanders) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Shreveport v. Sanders, 152 So. 2d 540, 244 La. 405, 1963 La. LEXIS 2368 (La. 1963).

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Opinion

SANDERS, Justice.

The defendant has appealed from his conviction in the City Court of Shreveport of a violation of Section 11-82 of the Shreveport City Code, which prohibits swimming, bathing, or wading in the waters of Cross Lake. The court imposed a fine of $150.00.

As a basis for invoking the appellate jurisdiction of this Court, the defendant asserts that the City Court of Shreveport has declared LSA-R.S. 13:1894, as amended, and LSA-R.S. 13:1951 unconstitutional.¹ An examination of the decision discloses this to be in error. The City Court found these statutes to be inapplicable to the legal issue presented. It made no holding of unconstitutionality. Moreover, the instant appeal does not fall within any of the other classifications of Article 7, Section 10 of the Louisiana Constitution, fixing the appellate jurisdiction of this Court. We conclude that this Court is without jurisdiction of the appeal.

The appeal properly lies to the district court.² Accordingly, under the authority vested in this Court,³ the appeal! will be transferred to the district court.

[541]*541For the reasons assigned, it is ordered that this appeal be transferred to the First Judicial District Court, provided the record is filed in that court within 30 days after this decree has become final, otherwise the appeal shall be dismissed. The costs incurred in this Court shall be paid by appellant.

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SANDERS, Justice.

The defendant has appealed from his conviction in the City Court of Shreveport of a violation of Section 11-82 of the Shreveport City Code, which prohibits swimming, bathing, or wading in the waters of Cross Lake. The court imposed a fine of $150.00.

As a basis for invoking the appellate jurisdiction of this Court, the defendant asserts that the City Court of Shreveport has declared LSA-R.S. 13:1894, as amended, and LSA-R.S. 13:1951 unconstitutional.¹ An examination of the decision discloses this to be in error. The City Court found these statutes to be inapplicable to the legal issue presented. It made no holding of unconstitutionality. Moreover, the instant appeal does not fall within any of the other classifications of Article 7, Section 10 of the Louisiana Constitution, fixing the appellate jurisdiction of this Court. We conclude that this Court is without jurisdiction of the appeal.

The appeal properly lies to the district court.² Accordingly, under the authority vested in this Court,³ the appeal! will be transferred to the district court.

[541]*541For the reasons assigned, it is ordered that this appeal be transferred to the First Judicial District Court, provided the record is filed in that court within 30 days after this decree has become final, otherwise the appeal shall be dismissed. The costs incurred in this Court shall be paid by appellant.

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Bluebook (online)

152 So. 2d 540, 244 La. 405, 1963 La. LEXIS 2368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-shreveport-v-sanders-la-1963.

Opinion

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