Reboul v. New Orleans Police Department
Reboul v. New Orleans Police Department
Opinion of the Court
Appellant, the New Orleans Police Department, requests, due to the alleged impropriety of the procedures utilized by the Civil Service Commission in rendering a decision in the case of Stephen Reboul v. The New Orleans Police Department, that it be allowed to appeal suspensively rather than devolutively the decision of the Commission ordering the New Orleans Police Department to reinstate appellee, Stephen Reboul, for back pay and other emoluments lost by virtue of his dismissal from the New Orleans Police Department.
Rule 16 of the Uniform Rules — Courts of Appeal, Section 4 states that no appeal shall stay execution of the decision of the commission unless otherwise ordered by the Court of Appeal. Section 5 of Rule 16 also states that all other rules and all laws regulating appeals, not inconsistent with the foregoing rules, shall be applicable to appeals from such commissions.
Our interpretation of the above sections of Rule 16 leads us to conclude that it is within our discretion to grant or deny a suspensive appeal from a Civil Service Commission decision. We find no showing by mover sufficient to warrant the granting of a suspensive appeal by this court.
For the reasons assigned, therefore, the motion for suspensive appeal filed by the New Orleans Police Department is denied.
MOTION DENIED.
Reference
- Full Case Name
- Stephen REBOUL v. The NEW ORLEANS POLICE DEPARTMENT
- Cited By
- 1 case
- Status
- Published