Digiovanni v. Parish of Jefferson

Louisiana Court of Appeal

Digiovanni v. Parish of Jefferson

151 So. 2d 528, 1963 La. App. LEXIS 1472

CourtLouisiana Court of Appeal

DecidedApril 1, 1963

DocketNo. 985

StatusPublished

Cited by6 cases

This text of 151 So. 2d 528 (Digiovanni v. Parish of Jefferson) 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.

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Digiovanni v. Parish of Jefferson, 151 So. 2d 528, 1963 La. App. LEXIS 1472 (La. Ct. App. 1963).

Pincite

Opinion

McBRIDE, Judge.

Plaintiff sought a mandamus to compel the defendants to issue to him a liquor permit for the year 1962, and the district court rendered judgment in his favor ordering defendants to issue plaintiff all necessary permits for said year to sell alcoholic beverages and beer. The Parish of Jefferson has appealed.

Whereas the case involves the question of plaintiff’s right to a permit for the calendar year 1962 which has expired, and whereas no future rights of the plain[529]*529tiff are contingent on his having held a permit for 1962, the issue presented for determination has now become moot. It would serve no useful purpose whatever to embark on a determination whether plaintiff was entitled to a liquor permit for 1962, and if this court should render a decree in plaintiff’s favor, the same could not be enforced. The jurisprudence is to the effect that a court will not render a judgment which cannot be made effective, nor will a court give opinions on moot questions or abstract propositions from which no practical results can follow. Spinato v. Lowe, 239 La. 604, 119 So.2d 480.

For the reasons assigned, the appeal herein will be dismissed.

Appeal dismissed.

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McBRIDE, Judge.

Plaintiff sought a mandamus to compel the defendants to issue to him a liquor permit for the year 1962, and the district court rendered judgment in his favor ordering defendants to issue plaintiff all necessary permits for said year to sell alcoholic beverages and beer. The Parish of Jefferson has appealed.

Whereas the case involves the question of plaintiff’s right to a permit for the calendar year 1962 which has expired, and whereas no future rights of the plain[529]*529tiff are contingent on his having held a permit for 1962, the issue presented for determination has now become moot. It would serve no useful purpose whatever to embark on a determination whether plaintiff was entitled to a liquor permit for 1962, and if this court should render a decree in plaintiff’s favor, the same could not be enforced. The jurisprudence is to the effect that a court will not render a judgment which cannot be made effective, nor will a court give opinions on moot questions or abstract propositions from which no practical results can follow. Spinato v. Lowe, 239 La. 604, 119 So.2d 480.

For the reasons assigned, the appeal herein will be dismissed.

Appeal dismissed.

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Bluebook (online)

151 So. 2d 528, 1963 La. App. LEXIS 1472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/digiovanni-v-parish-of-jefferson-lactapp-1963.

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