Opinion
No. 56405.
June 23, 1975.
IN RE: THE LOUISIANA STATE DEPARTMENT OF CIVIL SERVICE AND THE LOUISIANA CIVIL SERVICE COMMISSION APPLYING FOR CERTIORARI, OR WRIT OF REVIEW, TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF EAST BATON ROUGE.
Writ denied. Act 38 of 1960 expressly broadened the transfer provisions of La.R.S. 13:4441 and legislatively overruled the decisions the Commission relies upon. See Law Institute (McMahon) Revision comment (1960) and 35 Tulane Law Review, 589 (1961).
SUMMERS, J., is of the opinion the writ should be granted. Jurisdiction of all courts to entertain an appeal was lost when applicant did not appeal to the Court of Appeal within 30 days. A petition in the district court for review under La.R.S. 49:964 is not an appeal. La.R.S. 13:1441 only permits transfers of erroneously lodged appeals within courts of appeal. See Flores v. State Department of Civil Service, denial of writs, our No. 55,112, dated April 24, 1975.