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Digiovanni v. Parish of Jefferson

Court of Appeal of Louisiana, Fourth Circuit
Apr 1, 1963
151 So. 2d 528 (La. Ct. App. 1963)

Opinion

No. 985.

April 1, 1963.

APPEAL FROM TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, NO. 67-814, DIVISION "C", STATE OF LOUISIANA, HONORABLE JOHN C. BOUTALL, J.

Bruce D. Burglass, Assistant Parish Atty., for the Parish of Jefferson, defendant and appellant.

Gaudin Edwards, Gretna, for plaintiff and appellee.

Before McBRIDE, REGAN and SAMUEL, JJ.


Plaintiff sought a mandamus to compel the defendants to issue to him a liquor permit for the year 1962, and the district court rendered judgment in his favor ordering defendants to issue plaintiff all necessary permits for said year to sell alcoholic beverages and beer. The Parish of Jefferson has appealed.

Whereas the case involves the question of plaintiff's right to a permit for the calendar year 1962 which has expired, and whereas no future rights of the plaintiff are contingent on his having held a permit for 1962, the issue presented for determination has now become moot. It would serve no useful purpose whatever to embark on a determination whether plaintiff was entitled to a liquor permit for 1962, and if this court should render a decree in plaintiff's favor, the same could not be enforced. The jurisprudence is to the effect that a court will not render a judgment which cannot be made effective, nor will a court give opinions on moot questions or abstract propositions from which no practical results can follow. Spinato v. Lowe, 239 La. 604, 119 So.2d 480.

For the reasons assigned, the appeal herein will be dismissed.

Appeal dismissed.


Summaries of

Digiovanni v. Parish of Jefferson

Court of Appeal of Louisiana, Fourth Circuit
Apr 1, 1963
151 So. 2d 528 (La. Ct. App. 1963)
Case details for

Digiovanni v. Parish of Jefferson

Case Details

Full title:PASCAL P. DIGIOVANNI v. THE PARISH OF JEFFERSON AND THE JEFFERSON PARISH…

Court:Court of Appeal of Louisiana, Fourth Circuit

Date published: Apr 1, 1963

Citations

151 So. 2d 528 (La. Ct. App. 1963)

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