Tillman v. City of Slidell

Louisiana Court of Appeal

Tillman v. City of Slidell

464 So. 2d 986, 1985 La. App. LEXIS 8368

CourtLouisiana Court of Appeal

DecidedFebruary 14, 1985

DocketNo. CA 84 1445

StatusPublished

Cited by1 cases

This text of 464 So. 2d 986 (Tillman v. City of Slidell) 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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Tillman v. City of Slidell, 464 So. 2d 986, 1985 La. App. LEXIS 8368 (La. Ct. App. 1985).

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Opinion

LOTTINGER, Judge.

Plaintiff-appellee, Clarence Tillman, filed a motion to dismiss the defendant-appellant’s suspensive appeal and convert same into a devolutive appeal because an appeal bond was not filed.

Plaintiff-appellee contends that La.R.S. 13:4581¹ is applicable to municipal boards and commissions only and not to the municipalities themselves.

Though La.R.S. 13:4581 only refers to boards and commissions, this statute has been given a broad interpretation so as to include public bodies generally. See City of Lake Charles v. Lake Charles Ry., [987]*987Light & Waterworks Co., 144 La. 217, 80 So. 260 (1918); Lambert v. Labruyere, 151 So.2d 377 (La.App. 4th Cir.1963).

Therefore, for the above and foregoing reasons, the defendant-appellant, City of Slidell, is exempt under La.R.S. 13:4581 from furnishing a suspensive appeal bond, and plaintiff-appellee’s motion to dismiss this appeal is denied at plaintiffs costs.

DENIED

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LOTTINGER, Judge.

Plaintiff-appellee, Clarence Tillman, filed a motion to dismiss the defendant-appellant’s suspensive appeal and convert same into a devolutive appeal because an appeal bond was not filed.

Plaintiff-appellee contends that La.R.S. 13:4581¹ is applicable to municipal boards and commissions only and not to the municipalities themselves.

Though La.R.S. 13:4581 only refers to boards and commissions, this statute has been given a broad interpretation so as to include public bodies generally. See City of Lake Charles v. Lake Charles Ry., [987]*987Light & Waterworks Co., 144 La. 217, 80 So. 260 (1918); Lambert v. Labruyere, 151 So.2d 377 (La.App. 4th Cir.1963).

Therefore, for the above and foregoing reasons, the defendant-appellant, City of Slidell, is exempt under La.R.S. 13:4581 from furnishing a suspensive appeal bond, and plaintiff-appellee’s motion to dismiss this appeal is denied at plaintiffs costs.

DENIED

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Bluebook (online)

464 So. 2d 986, 1985 La. App. LEXIS 8368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tillman-v-city-of-slidell-lactapp-1985.

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