Tillman v. City of Slidell

Louisiana Court of Appeal
Tillman v. City of Slidell, 464 So. 2d 986 (1985)
1985 La. App. LEXIS 8368
Coving, Covington, Lottinger, Ton

Tillman v. City of Slidell

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.

Reference

Full Case Name
Clarence L. TILLMAN v. CITY OF SLIDELL
Cited By
1 case
Status
Published