Opinion

Burns v. State ex rel. Board of Elementary & Secondary Education, Department of Education

  • 529 So. 2d 398
  • 1988 La. App. LEXIS 1178
  • 1988 WL 49382
Court
Louisiana Court of Appeal
Filed
May 17, 1988
Status
Published
Author
Lanier
On the bench
Crain, Lanier, Reasons, Shortess
Cited by
4 cases
Authority
More cited than 26.5%

The opinion

LANIER, Judge,

concurring.

I do not agree with the majority factual holding that “[pjlaintiff failed to prove he was a certified teacher during the 1980-81 contract year; ...” The plaintiff failed to file in evidence an appropriate teacher’s certificate for the 1980-81 contract year. However, he testified he held certification since 1980-81; plaintiff’s exhibit 2-A, a special education staff sheet, shows plaintiff held a certificate in carpentry during the 1980-81 school year; and the letter of August 12, 1980, from the school to the plaintiff offered him a job contingent on proper certification. Apparently, the trial court felt this was satisfactory proof. I do not agree that this holding is manifestly erroneous.

I concur in the result reached based on Hayes v. Orleans Parish School Board, 256 La. 677 , 237 So.2d 681 (1970) and Thompson v. East Baton Rouge Parish School Board, 303 So.2d 855 (La.App. 1st Cir.1974).

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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