Louisiana Court of Appeal, 1985

Tillman v. City of Slidell

Louisiana Court of Appeal · Decided February 14, 1985 · Coving, Covington, Lottinger, Ton

464 So. 2d 986; 1985 La. App. LEXIS 8368 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Rome v. Traylor (La. 1993)

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Opinion of the Court

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. 13:45811 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., *987Light & 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.

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