Opinion

North Baton Rouge Development Co. v. Collector of Revenue

  • 294 So. 2d 571
  • 1974 La. App. LEXIS 4086
Court
Louisiana Court of Appeal
Filed
Feb 1, 1974
Status
Published
On the bench
Blanche, Crain, Lottinger
Cited by
3 cases
Authority
More cited than 25.3%

The opinion

ON APPLICATION FOR REHEARING

PER CURIAM.

In its application for rehearing, appellee, Collector of Revenue, State of Louisiana, et al contends that this court erroneously assessed court costs against it in violation of LSA Revised Statute 13:4521. That Statute provides:

“Except as hereinafter provided, neither the state, nor any parish, municipality or other political subdivision, public board or commission shall be required to pay court costs in any judicial proceeding instituted or prosecuted by or against the state or any such parish, municipality or other political subdivision, board or commission, in any court of this state or any municipality of this state, including particularly, but not exclusively, those courts in the Parish of Orleans and the City of New Orleans. This Section shall have no application to stenographers’ costs for taking testimony.”

In Succession of Brown, 94 So.2d 317 (La.App.Orleans, 1957) the court held that costs could not be imposed on the Inheritance Tax Collector.

We feel that the appellees’ position is well taken and amend our original opinion so as to eliminate the taxing of cost against the appellee, as a subdivision of the State.

We see no reason to grant a rehearing solely on this issue as we have now amended our judgment to eliminate the erroneous taxing of cost.

Rehearing 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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