5765 Precedential Processed

Boothe v. BOARD OF SUP'RS OF ELECTIONS, ETC.

Louisiana Court of Appeal, Third Circuit · Filed January 31, 1977 · 341 So. 2d 1297

Also decided on this docket: La. Ct. App. 1st Cir., July 18, 1974 297 So. 2d 770; La. Ct. App. 1st Cir., February 22, 1963 151 So. 2d 108; La., November 15, 1875 27 La. 656

Cited by

Overruled in 1

Captain William Woods v. Ruth Fontenot, Mayor La. Ct. App. 3d Cir. 2005
Wood v. Fontenot 896 So. 2d 323 La. Ct. App. 3d Cir. 2005
Brennan v. BOARD OF TRUSTEES FOR UNIV. OF LOUISIANA SYSTEMS 691 So. 2d 324 La. Ct. App. 1st Cir. 1997
WHITNEY NAT. BANK v. Poydras Center Assoc. 468 So. 2d 1246 La. Ct. App. 4th Cir. 1985
Lowe v. Treen 393 So. 2d 459 La. Ct. App. 1st Cir. 1981
Jones v. Natchitoches Parish Police Jury 371 So. 2d 1243 La. Ct. App. 3d Cir. 1979
State v. White 358 So. 2d 999 La. Ct. App. 2d Cir. 1978

Authorities cited

Identified automatically; this list may not be exhaustive.

Spinato v. Lowe 239 La. 604
Cain v. BOARD OF SUP'RS OF ELECTIONS, OUACHITA PARISH 335 So. 2d 711
Cook v. Cook 320 So. 2d 612
State ex rel. Pierre v. Henderson 323 So. 2d 477
Ardoin v. Ardoin 306 So. 2d 476
Hines v. Village of Goldonna 136 So. 2d 140

Opinion text

341 So.2d 1297 (1977) C. C. BOOTHE, Plaintiff-Appellant, v. BOARD OF SUPERVISORS OF ELECTIONS FOR the PARISH OF CATAHOULA et al., Defendants-Appellees. No. 5765. Court of Appeal of Louisiana, Third Circuit. January 31, 1977. Chet D. Traylor and Samuel T. Singer, Winnsboro, for plaintiff-appellant. Michael C. Barron, Baton Rouge, for defendants-appellees. McKeithen, Burns & Lewellyan by Don C. Burns, Columbia, for intervenor-appellee. Before CULPEPPER, GUIDRY and FORET, JJ. FORET, Judge. On May 5, 1976, in the Seventh Judicial District Court, Catahoula Parish, C. C. Boothe filed this "Petition for Writ of Injunction" against defendants, Board of Supervisors of Elections of, and Registrar of Voters for, the Parish of Catahoula, and the Louisiana Secretary of State, wherein he prayed for an order "Directed to the defendants and restraining, enjoining, and prohibiting defendants, their agents, and any other persons acting on their behalf from holding the recall election which has been set for June 1, 1976 ...'. Judgment was rendered denying plaintiff's application for injunctive relief, from which judgment plaintiff has appealed devolutively. Inasmuch as the election of June 1, 1976, has already been held and the results thereof promulgated, the matter has become moot, and any judgment rendered by this Court would have no legal effect whatsoever. Spinato v. Lowe, 239 La. 604 , 119 So.2d 480 (1960); Cain v. Board of Supervisors, Ouachita Parish, 335 So.2d 711 (La.App. 2 Cir. 1976); Cook v. Cook, 320 So.2d 612 (La.App. 4 Cir. 1975), writ refused, La., 323 So.2d 477 ; Ardoin v. Ardoin, 306 So.2d 476 (La.App. 3 Cir., 1975); Hines v. Village of Goldonna, 136 So.2d 140 (La.App. 3 Cir. 1961). Accordingly plaintiff's suit is dismissed, and all costs of this appeal are assessed against the plaintiff. APPEAL DISMISSED.