# Howe v. DeSoto Parish School Board

> Supreme Court of Louisiana · September 18, 1979 · 375 So. 2d 379

URL: https://www.frixlaw.com/law-library/cases/7498764

## Case

- **Full name:** Maxie HOWE v. DeSOTO PARISH SCHOOL BOARD
- **Court:** Supreme Court of Louisiana
- **Decided:** September 18, 1979
- **Citations:** 375 So. 2d 379; 1979 La. LEXIS 6984
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Reasons, Summers
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7498764

## Opinion text

PER CURIAM.
Plaintiff has “appealed” from a judgment of the court of appeal. 373 So.2d 248 (La. App.1979). The “appeal” was taken pursuant to a provision in R.S. 13:512s. 1
The appellate jurisdiction of the supreme court is governed by Article 5, § 5(D) of the Louisiana Constitution of 1974. See State v. James, 329 So.2d 713 (La.1976).
Unless a law or ordinance has been declared unconstitutional, the Constitution does not provide for an appeal from a judgment of the court of appeal.
The proceeding in this court, therefore, is treated as a writ application; the writ is granted, and R.S. 13:5128 is declared unconstitutional insofar as it purports to confer appellate jurisdiction on this court to hear an appeal from a judgment of the court of appeal. In all other respects the writ is denied, and the judgment of the court of appeal is reinstated.
SUMMERS, C. J., dissents and assigns reasons.
. . .An appeal from a decision of the court of appeal affirming or overturning the final judgment of the district court lies to the supreme court provided such appeal is taken within five days of the date of such decision.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7498764. Public record. Not legal advice.