Opinion
No. 2019-C-01366
11-12-2019
Terrance SAULNY v. NEW ORLEANS POLICE DEPARTMENT Terrance Saulney v. New Orleans Police Department
PER CURIAM
Writ granted. While the notice of its decision by the Civil Service Commission stated that appeals should be taken "in accordance with Article 2121 et seq. of the Louisiana Code of Civil Procedure," the Notice of Appeal issued by the Commission specified that an appeal had been granted "upon motion" of the requesting party, and appeals were granted in identical language to both parties in this matter. Clearly, the Commission considered the written request from both parties as a "motion" and granted the appeals with a return date to the Fourth Circuit.
Appeals are favored under the law. Fraternal Order of Police v. City of New Orleans , 2002-1801 (La. 11/8/02), 831 So.2d 897, 899. We find the interpretation of the court of appeal to be overly technical and remand this matter for consideration of applicant's appeal.