St. John the Baptist School Board v. Marbury-Pattillio Construction Co.

Louisiana Court of Appeal

St. John the Baptist School Board v. Marbury-Pattillio Construction Co.

236 So. 2d 94, 1970 La. App. LEXIS 5765

CourtLouisiana Court of Appeal

DecidedFebruary 2, 1970

DocketNo. 4083

StatusPublished

Cited by1 cases

This text of 236 So. 2d 94 (St. John the Baptist School Board v. Marbury-Pattillio Construction Co.) 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

St. John the Baptist School Board v. Marbury-Pattillio Construction Co., 236 So. 2d 94, 1970 La. App. LEXIS 5765 (La. Ct. App. 1970).

Pincite

Opinion

ON MOTION TO DISMISS

DOMENGEAUX, Judge.

Defendants-appellees have filed motions to dismiss plaintiff School Board’s suspensive appeal, alleging as grounds therefor that no bond was posted by the appellant and that the appeal was not timely taken. These contentions have no merit.

LSA-R.S. 13:4581 and the jurisprudence interpreting said statute clearly allow school boards to perfect appeals [95]*95without the necessity of posting bond. State ex rel. Temple v. Vernon Parish School Board, La.App., 178 So. 176. Furthermore, in cases where the appellant is exempt from furnishing an appeal bond, the appeal is perfected upon the rendition of the order granting the appeal. State ex rel. Temple v. Vernon Parish School Board, supra; Southern Bell Tel. & Tel. Co. v. Louisiana Public Service Comm., 185 La. 729, 170 So. 548. In this case the order granting the appeal was, insofar as we can determine from the record, rendered on the day the judgment was signed. Therefore, there can be no question of its timeliness.

For the foregoing reasons the motion to dismiss is denied.

Motion denied.

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

ON MOTION TO DISMISS

DOMENGEAUX, Judge.

Defendants-appellees have filed motions to dismiss plaintiff School Board’s suspensive appeal, alleging as grounds therefor that no bond was posted by the appellant and that the appeal was not timely taken. These contentions have no merit.

LSA-R.S. 13:4581 and the jurisprudence interpreting said statute clearly allow school boards to perfect appeals [95]*95without the necessity of posting bond. State ex rel. Temple v. Vernon Parish School Board, La.App., 178 So. 176. Furthermore, in cases where the appellant is exempt from furnishing an appeal bond, the appeal is perfected upon the rendition of the order granting the appeal. State ex rel. Temple v. Vernon Parish School Board, supra; Southern Bell Tel. & Tel. Co. v. Louisiana Public Service Comm., 185 La. 729, 170 So. 548. In this case the order granting the appeal was, insofar as we can determine from the record, rendered on the day the judgment was signed. Therefore, there can be no question of its timeliness.

For the foregoing reasons the motion to dismiss is denied.

Motion denied.

Cite This Page — Counsel Stack

Bluebook (online)

236 So. 2d 94, 1970 La. App. LEXIS 5765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-john-the-baptist-school-board-v-marbury-pattillio-construction-co-lactapp-1970.

Opinion

Related

Cite This Page — Counsel Stack