Deshotels v. State Professional Improvement Committee ex rel. Department of Education

430 So. 2d 1198, 11 Educ. L. Rep. 373, 1983 La. App. LEXIS 8324
CourtLouisiana Court of Appeal
DecidedApril 5, 1983
DocketNo. 82 CA 0588
StatusPublished
Cited by3 cases

This text of 430 So. 2d 1198 (Deshotels v. State Professional Improvement Committee ex rel. Department of Education) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Deshotels v. State Professional Improvement Committee ex rel. Department of Education, 430 So. 2d 1198, 11 Educ. L. Rep. 373, 1983 La. App. LEXIS 8324 (La. Ct. App. 1983).

Opinion

ALFORD, Judge.

This is an appeal from a dismissal of a suit for declaratory judgment and for the recovery of monetary compensation in the [1200]*1200form of increased salary increments. Appellants seek to have their rights determined under the Louisiana Educational Employees Professional Improvement Program, LSA R.S. 17:3601, et seq.

Trial was held on April 29, 1980, in the Nineteenth Judicial District Court, Parish of East Baton Rouge. At the beginning of trial, counsel for the defendants made an oral motion to dismiss the suit on the grounds that all proper parties had not been joined and that plaintiffs had misused the declaratory judgment vehicle. The trial judge withheld ruling on the motion, which he properly recognized as a peremptory exception of nonjoinder of indispensable parties. Additionally, an exception of no cause of action was urged against appellant, Cynthia Ann Ours, in that she had not filed a proposed plan under the program.1 The trial judge overruled this exception.

After hearing the evidence, the judge noted that before deciding the case, he wanted to hear the testimony of Senator John C. Saunders, whose deposition was introduced into evidence. Prior to the case being reassigned to take the senator’s testimony, the judge issued his written reasons for judgment in which he maintained the nonjoinder exception and dismissed appellants’ suit. Judgment was signed on June 15, 1982.

Appellants first urge that the trial court erred in finding that there were indispensable parties to this action which were not joined. It is their contention that they are specifically authorized to pursue this declaratory action in their own right under LSA C.C.P. art. 1872, which provides:

“A person interested under a deed, will, written contract or other writing constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder.”

Appellees on the other hand, maintain that the trial court was correct. They rely on LSA C.C.P. art. 1880, which provides in part:

“When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding.”

We find that the trial judge erred in his determination that there were indispensable parties to this action which had not been joined. LSA C.C.P. art. 641 provides in part:

“Indispensable parties to an action are those whose interests in the subject matter are so interrelated, and would be so directly affected by the judgment, that a complete and equitable adjudication of the controversy cannot be made unless they are joined in the action.”

In his written reasons for judgment, the trial judge stressed that it was the potentiality of claims,, such as that of appellant Ours, which required a ruling that indispensable parties existed which had not been joined. It was the judge’s conclusion that all teachers not made a party would be affected by a ruling. There is simply no evidence in the record to substantiate this conclusion. The jurisprudence of this state requires that a determination that a party is indispensable be made only after the facts clearly establish that no complete and equitable adjudication of the controversy can be made in his absence. State, Department of Highways v. Lamar Advertising Company of Louisiana, Inc., 279 So.2d 671 (La.1973). This Court is unable to see how a declaration in appellants’ favor could disturb the rights of those teachers whose plans as submitted were approved. Additionally, “... no declaration shall prejudice the rights of persons not parties to the proceedings.” LSA C.C.P. art. 1880.

Having determined that there are no indispensable parties to this litigation which [1201]*1201have not been joined, we need not reach the issue of whether the trial judge erred in dismissing appellants’ suit rather than allowing them an opportunity to amend their petition for proper joinder.

Appellants next urge that the trial court erred in determining that the uncertainty and controversy giving rise to this proceeding would not be terminated by a judgment or decree and in refusing to render a declaratory judgment. LSA C.C.P. art. 1876 provides that, “The court may refuse to render a declaratory judgment or decree where such judgment or decree, if rendered, would not terminate the uncertainty or controversy giving rise to the proceeding.”

Appellants argue that this is a suit to recover monetary compensation which necessarily involves a finding as to the validity of the questioned rule, and therefore the controversy giving rise to this proceeding can be terminated with a ruling on the Act. They further urge that all controversies surrounding the Act need not be terminated by this lawsuit. We find merit in this argument. The trial judge was concerned with the force and effect of any ruling he might make. He noted that any teacher not joined would have to bring a separate suit to have his or her rights determined. We fail to see how these concerns abrogate appellants’ rights to have their rights determined.

LSA C.C.P. art. 1881 provides, “Articles 1871 through 1883 are declared to be remedial. Their purpose is to settle and afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations, and they are to be liberally construed and administered.” With this express legislative intent, this Court is mandated to give application to these provisions wherever possible. We feel that the controversy giving rise to these proceedings, the rights of these three appellants, can be terminated by a ruling on the questioned Act. As will be discussed below, a stipulation was entered into between the parties which establishes the amount of recovery appellants Deshotels and Gilbert would be entitled to if a favorable ruling is rendered.

The next issue presented in this appeal is whether the record is complete, thus allowing this court to render a decision on the merits rather than remand the matter to the trial court. LSA C.C.P. art. 2164 provides in part, “The appellate court shall render any judgment which is just, legal, and proper upon the record on appeal.” The Louisiana Supreme Court in Gonzales v. Xerox Corporation, 320 So.2d 163 (La.1975) has noted at page 166:

“When the entire record is before the appellate court, remand for a new trial produces delay of the final outcome and congestion of crowded dockets while adding little to the judicial determination process. Although the appellate court does not gain the benefit of personally viewing the witnesses, it does have a complete record and the constitutional authority to decide.”

Appellees argue that the record is not complete in that Senator John Saunders, who sponsored the amendment in question, had not testified due to the fact that the trial judge ruled on the nonjoinder exception before the senator could be called to testify. Appellants, on the other hand, argue that the record is complete and that the ease was fully tried.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Opinion Number
Louisiana Attorney General Reports, 2006
Deshotels v. State Professional Improvement Committee
435 So. 2d 430 (Supreme Court of Louisiana, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
430 So. 2d 1198, 11 Educ. L. Rep. 373, 1983 La. App. LEXIS 8324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deshotels-v-state-professional-improvement-committee-ex-rel-department-of-lactapp-1983.