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

> Louisiana Court of Appeal · May 17, 1988 · 529 So. 2d 398

URL: https://www.frixlaw.com/law-library/cases/7567709

## Case

- **Full name:** Philip J. BURNS v. STATE of Louisiana, Through the BOARD OF ELEMENTARY AND SECONDARY EDUCATION, DEPARTMENT OF EDUCATION
- **Court:** Louisiana Court of Appeal
- **Decided:** May 17, 1988
- **Citations:** 529 So. 2d 398; 1988 La. App. LEXIS 1178; 1988 WL 49382
- **Precedential status:** Published
- **Opinion:** Concurrence by Lanier
- **Judges:** Crain, Lanier, Reasons, Shortess
- **Cited by:** 4 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/7567709

## Opinion text

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).

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7567709. Public record. Not legal advice.