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Miazza v. City of Mandeville

Supreme Court of Louisiana
May 21, 2010
34 So. 3d 849 (La. 2010)
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Summary

In Miazza v. City of Mandeville, 10-0304 (La. 5/21/10), 34 So.3d 849 (per curiam), the Louisiana Supreme Court stated that when the legislature has vested appellate jurisdiction in the district court, as in this case, a court of appeal lacks appellate jurisdiction, and the matter should be reviewed by converting the appeal to an application for supervisory writs.

Summary of this case from White v. City of Mandeville
See 9 Summaries

Opinion

No. 2010-C-0304.

May 21, 2010.

In re Miazza, Kalford K.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of St. Tammany, Municipal Police Employees; Civil Service Board, No. 07-201; 22nd Judicial District Court Div. G, No. 2008-12065; to the Court of Appeal, First Circuit, No. 2009 CA 0030.

PER CURIAM.[fn*] [fn*] Chief Justice Kimball not participating in this opinion.

Granted. Based on the reasons assigned by the dissenting judge in the court of appeal, we find the district court has subject matter jurisdiction to consider the appeal pursuant to La.Rev.Stat. 33:2561(E). Having found the legislature vested appellate jurisdiction in the district court, we conclude the court of appeal lacks appellate jurisdiction over this matter. See Caire v. Stassi, 379 So.2d 1056 (La. 1980) (holding statute granting appellate jurisdiction to district court divests court of appeal of appellate jurisdiction).

Accordingly, the case is remanded to the court of appeal, which is directed to convert plaintiffs appeal of the district court's judgment to an application for supervisory writs.

Summaries of

Miazza v. City of Mandeville

Supreme Court of Louisiana
May 21, 2010
34 So. 3d 849 (La. 2010)

In Miazza v. City of Mandeville, 10-0304 (La. 5/21/10), 34 So.3d 849 (per curiam), the Louisiana Supreme Court stated that when the legislature has vested appellate jurisdiction in the district court, as in this case, a court of appeal lacks appellate jurisdiction, and the matter should be reviewed by converting the appeal to an application for supervisory writs.

Summary of this case from White v. City of Mandeville

In Miazza v. City of Mandeville, 2010-0304 (La. 5/21/10), 34 So.3d 849 (per curiam), the Louisiana Supreme Court stated that when the legislature has vested appellate jurisdiction in the district court, as in this case, a court of appeal lacks appellate jurisdiction, and the matter should be reviewed by converting the appeal to an application for supervisory writs.

Summary of this case from In re McDermitt

In Miazza v. City of Mandeville, et al., 2010-0304 (La. 5/21/10), 34 So. 3d 849 (per curiam), the Louisiana supreme court stated that when, as in this case, the legislature has vested appellate jurisdiction in the district court, the court of appeal lacks appellate jurisdiction, and should convert the appeal to an application for supervisory writs.

Summary of this case from In re Jackson

In Miazza v. City of Mandeville, 2010-0304 (La. 5/21/10), 34 So.3d 849 (per curiam), the supreme court recognized that the district court has subject matter jurisdiction to consider these appeals pursuant to La. R.S. 33:2561(E).

Summary of this case from Kistler v. City of Denham Springs

In Miazza, the supreme court directed this court to convert the plaintiff's appeal of the district court's judgment to an application for a supervisory writ.

Summary of this case from Kistler v. City of Denham Springs

reviewing the substantially similar language of La.R.S. 33:2561(E) and directing the trial court to convert the plaintiff's appeal of the district court's judgment to an application for supervisory writs

Summary of this case from City of Alexandria v. Dixon

In Miazza v. City of Mandeville, 10-0304 (La. 5/21/10), 34 So. 3d 849, the Louisiana Supreme Court stated that when, as in this case, the legislature has vested appellate jurisdiction in the district court, the court of appeal lacks appellate jurisdiction, and should convert the appeal to an application for supervisory writs.

Summary of this case from Andel v. City of Mandeville

In Miazza, the supreme court instructed this court to exercise supervisory jurisdiction of an appeal of a district court's judgment reviewing an administrative decision by a municipal civil service board, as this court lacked appellate jurisdiction.

Summary of this case from Tully v. City of Baton Rouge

In Miazza v. City of Mandeville, 10-0304 (La. 5/21/10), 34 So.3d 849, the Louisiana Supreme Court stated that when, as in this case, the legislature has vested appellate jurisdiction in the district court, the court of appeal lacks appellate jurisdiction, and should convert the appeal to an application for supervisory writs.

Summary of this case from Beck v. City of Baker
Case details for

Miazza v. City of Mandeville

Case Details

Full title:Kalford K. MIAZZA v. CITY OF MANDEVILLE, et al

Court:Supreme Court of Louisiana

Date published: May 21, 2010

Citations

34 So. 3d 849 (La. 2010)

Citing Cases

White v. City of Mandeville

In Miazza v. City of Mandeville, 10-0304 (La. 5/21/10), 34 So.3d 849 (per curiam), the Louisiana…

Tully v. City of Baton Rouge

The Louisiana Supreme Court has, at times, directed an appellate court to convert an appeal with procedural…

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