Simmons v. Sowela Technical Institute

Supreme Court of Louisiana

Simmons v. Sowela Technical Institute

462 So. 2d 1255, 1985 La. LEXIS 7902

CourtSupreme Court of Louisiana

DecidedFebruary 4, 1985

DocketNo. 84-C-2173

StatusPublished

Cited by2 cases

This text of 462 So. 2d 1255 (Simmons v. Sowela Technical Institute) 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.

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Simmons v. Sowela Technical Institute, 462 So. 2d 1255, 1985 La. LEXIS 7902 (La. 1985).

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Opinion

In re Simmons, Cheryl, applying for writ of certiorari and/or review; to the Court of Appeal, Third Circuit, No. 83-886; Parish of Calcasieu, 14th Judicial District Court, Div. “H”, No. 80-2431.

Prior report: 458 So.2d 565.

Granted. The plaintiffs petition seeks damages in contract and tort invoking the original jurisdiction of the district court. The parties treated the case as such at trial and the district court’s judgment awards damages for breach of an implied contract, with interest and court costs. Accordingly, the court of appeal erred in viewing plaintiffs petition as calling for judicial review of an administrative adjudication. The judgment of the court of appeal, therefore, is reversed, and the case is remanded to the appeals court for consideration of the appeal on its merits. REVERSED AND REMANDED TO THE COURT OF APPEAL.

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In re Simmons, Cheryl, applying for writ of certiorari and/or review; to the Court of Appeal, Third Circuit, No. 83-886; Parish of Calcasieu, 14th Judicial District Court, Div. “H”, No. 80-2431.

Prior report: 458 So.2d 565.

Granted. The plaintiffs petition seeks damages in contract and tort invoking the original jurisdiction of the district court. The parties treated the case as such at trial and the district court’s judgment awards damages for breach of an implied contract, with interest and court costs. Accordingly, the court of appeal erred in viewing plaintiffs petition as calling for judicial review of an administrative adjudication. The judgment of the court of appeal, therefore, is reversed, and the case is remanded to the appeals court for consideration of the appeal on its merits. REVERSED AND REMANDED TO THE COURT OF APPEAL.

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462 So. 2d 1255, 1985 La. LEXIS 7902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-sowela-technical-institute-la-1985.

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