No. 7969 Precedential Dismissed Processed

In re Owens

Louisiana Court of Appeal, First Circuit · Filed January 21, 1970 · 236 So. 2d 229

Also decided on this docket: La. Ct. App. 1st Cir., January 12, 1977 343 So. 2d 1108; La., July 1, 1880 32 La. Ann. 1305

Cited by

Rosenthal v. Mid-American Indem. Co. 572 So. 2d 613 La. Ct. App. 3d Cir. 1990
O'BRIAN v. Allstate Ins. Co. 420 So. 2d 1222 La. Ct. App. 3d Cir. 1982
Meshell v. Insurance Co. of North America 416 So. 2d 1383 La. Ct. App. 3d Cir. 1982
Menard v. Prejean 374 So. 2d 1275 La. Ct. App. 3d Cir. 1979
Washington v. Lake City Beverage, Inc. 352 So. 2d 717 La. Ct. App. 3d Cir. 1978
Hoffman v. All Star Insurance Corp. 288 So. 2d 388 La. Ct. App. 4th Cir. 1974
Peterson v. Allstate Insurance 255 So. 2d 477 La. Ct. App. 1st Cir. 1971
Riley v. Frantz 253 So. 2d 237 La. Ct. App. 4th Cir. 1971
Menard v. Travelers Insurance Company 240 So. 2d 390 La. Ct. App. 3d Cir. 1970

Opinion text

ON MOTION TO DISMISS Before LANDRY, SARTAIN and ELLIS, JJ. ELLIS, Judge. The decision of the Civil Service Commission in this case was filed with the Director of Personnel on July 22, 1969. It became final on that date. Civil Service Rules, Chapter 13, Section 28(a). The motion for this appeal was filed with the Commission on August 25, 1969, the 34th day after the decision became final. Article XIV, § 15(0) (1) of the Constitution of 1921 requires that the application for appeal be filed “within 30 days after the Commission’s decision becomes final.” The motion was clearly filed too late, and we are, accordingly, without jurisdiction to entertain the appeal. The motion to dismiss is granted, and the appeal is dismissed, at appellant’s cost. Appeal dismissed.