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TILLMAN v. SLIDELL

Court of Appeal of Louisiana, First Circuit.
Feb 14, 1985
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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. 13:4581 is applicable to municipal boards and commissions only and not to the municipalities themselves.

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.

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., Light 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 plaintiff's costs.

DENIED