Opinion

Tillman v. City of Slidell

  • 464 So. 2d 986
  • 1985 La. App. LEXIS 8368
Court
Louisiana Court of Appeal
Filed
Feb 14, 1985
Status
Published
Author
Lottinger
On the bench
Coving, Covington, Lottinger, Ton
Cited by
1 cases
Authority
More cited than 54.0%

The 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. 13:4581 1 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 Light & 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

. La.R.S. 13:4581 provides:

State, parish and municipal boards or commissions exercising public power and functions shall not be required to furnish any appeal bond; or any other bond whatsoever in any judicial proceedings instituted by or against them.

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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