Opinion

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

  • 236 So. 2d 94
  • 1970 La. App. LEXIS 5765
Court
Louisiana Court of Appeal
Filed
Feb 2, 1970
Status
Published
Author
Domengeaux
On the bench
Chasez, Dom, Domengeaux, Engeaux, Regan
Cited by
1 cases
Authority
More cited than 66.2%

The 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 without 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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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