Miazza v. City of Mandeville
This text of 34 So. 3d 849 (Miazza v. City of Mandeville) 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.
Opinion
Granted. Based on the reasons assigned by the dissenting judge in the court of appeal, we find the district court has subject matter jurisdiction to consider the appeal pursuant to La. Rev.Stat. 33:2561(E). Having found the legislature vested appellate jurisdiction in the district court, we conclude the court of appeal lacks appellate jurisdiction over this matter. See Caire v. Stassi, 379 So.2d 1056 (La.1980) (holding statute granting appellate jurisdiction to district court divests court of appeal of appellate jurisdiction).
Accordingly, the case is remanded to the court of appeal, which is directed to convert plaintiffs appeal of the district court’s judgment to an application for supervisory writs.
Chief Justice Kimball not participating in this opinion.
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Cite This Page — Counsel Stack
34 So. 3d 849, 2010 La. LEXIS 1225, 2010 WL 2026082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miazza-v-city-of-mandeville-la-2010.