Summary
The Louisiana Supreme Court held that it lacked appellate jurisdiction because the district court's judgment denied a petition for mandamus without expressly declaring La. R.S. 32:57(G) unconstitutional; the declaration appeared only in the written reasons for judgment. The court transferred the case to the Louisiana Fifth Circuit Court of Appeal, while dissenting justices would have exercised the court's supervisory jurisdiction to decide the constitutional and mandamus issues.
Holdings
- The Louisiana Supreme Court lacked direct appellate jurisdiction under La. Const. art. V, § 5(D) because the district court's judgment did not declare La. R.S. 32:57(G) unconstitutional; only the written reasons expressed that conclusion.
Questions Presented
- Whether the Louisiana Supreme Court had direct appellate jurisdiction under La. Const. art. V, § 5(D) when the district court's written reasons, but not its judgment, declared La. R.S. 32:57(G) unconstitutional.
Disposition
other
Cases Cited (17)
- Fisher v. Rollins, 231 La. 252, 91 So. 2d 28 (1956)(followed)
- Huang v. Louisiana State Board of Trustees for State Colleges and Universities, 99-2805, p. 5 (La. App. 1 Cir. Dec. 22, 2000), 781 So. 2d 1(followed)
- McCalmont v. Jefferson Parish Sheriff's Office, 99-940, p. 6 (La. App. 5 Cir. Jan. 12, 2000), 748 So. 2d 1286(followed)
- McCalmont v. Jefferson Parish Sheriff's Office, 00-0679 (La. Apr. 20, 2000), 760 So. 2d 1160(other)
- State v. Galliano, 02-2849, p. 3 (La. Jan. 10, 2003), 839 So. 2d 932(other)
- Progressive Security Insurance Co. v. Foster, 97-2985, p. 2 (La. Apr. 23, 1998), 711 So. 2d 675(other)
- State Bond Commission v. All Taxpayers, Property Owners and Citizens of State, 510 So. 2d 662 (La. 1987)(other)
- State v. Wimberly, 414 So. 2d 666 (La. 1982)(other)
- Loeb v. Collier, 131 La. 377, 59 So. 816 (1912)(other)
- State ex rel. Union Sawmill Co. v. Summit Lumber Co., 117 La. 643, 42 So. 195 (1906)(other)
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