No. 10574 Precedential Dismissed Processed

Heard v. Seegers

Louisiana Court of Appeal, First Circuit · Filed April 25, 1966 · 186 So. 2d 170

Also decided on this docket: La. Ct. App. 1st Cir., October 10, 1979 376 So. 2d 614; La. Ct. App. 1st Cir., January 12, 1976 330 So. 2d 355

Cited by

State ex rel. Office of the Governor v. L. W. Eaton Construction Co. 392 So. 2d 475 La. Ct. App. 1st Cir. 1980
Rourke v. Coursey 334 So. 2d 480 La. Ct. App. 3d Cir. 1976
City Stores Co. v. Gervais F. Favrot Co., Inc. 315 So. 2d 370 La. Ct. App. 4th Cir. 1975
Behler v. Louisiana State Racing Commission 207 So. 2d 758 La. 1968

Authorities cited

Identified automatically; this list may not be exhaustive.

Heard v. Seegers 178 So. 2d 789

Opinion text

AYRES, Judge. Plaintiffs, husband and wife, former students of Neville High School, sought, through this action, an injunction against the Monroe City School Board and its officials restraining the enforcement of a rule prohibiting married persons from attending the aforesaid school. From a judgment granting the relief prayed for, the defendants appealed. Pending the appeal, defendants, by motion, alleged the occurrence of certain facts which, in their opinion, made the issues presented on the appeal moot and accordingly prayed that the cause be remanded for the introduction of evidence supporting their allegations. The issues as relate to this motion are set forth in our opinion granting the remand ( 178 So.2d 789 ). From the record made up on the remand, the fact that plaintiffs had not only voluntarily dropped out of school but had left the state permanently and established their domicile in the State of California, where they contemplated entering school, was adequately established. Thus it clearly appears that plaintiffs no longer have any interest in or right to contest the rule of the school board of which they originally complained and which constituted the basis of their action. The issues are therefore moot. Accordingly, the judgment appealed is annulled, avoided, reversed, and set aside, and plaintiffs’ action is dismissed at their cost. Dismissed.