Supreme Court of Louisiana, 2016

Lavergne v. Rapides Parish Police Jury

Lavergne v. Rapides Parish Police Jury
Supreme Court of Louisiana · Decided May 20, 2016 · Grant, Knoll, Reasons
191 So. 3d 1030; 2016 La. LEXIS 1219; 2016 WL 2994494 (Southern Reporter, Third Series)

Lavergne v. Rapides Parish Police Jury

Opinion of the Court

In re Cheryl Lavergne; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Rapides, 9th Judicial District Court Div. G, No. 249,665; to the Court of Appeal, Third Circuit, No. 15-654.

11 Denied.

KNOLL, J., dissents and would grant and assigns reasons.

Dissenting Opinion

KNOLL,, J.,

dissents and would grant.

|, Although the District Court correctly determined that Ms. Lavergne failed to meet the technical requirements set out in Rule 4.16 of the Civil Service Rules of Rapides Parish, ’I disagree with its decision to dismiss Ms. Lavergne’s appeal. The facts evidence that Ms. Lavergne substantially complied with these, very technical rules. Where, as, in this case, there is ■ substantial compliance, I would allow the plaintiff to have her day in court and would not dismiss her appeal on a minor technicality. Therefore, I would grant the writ. ' ■

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