67 So. 3d 640
La. Ct. App.2011Background
- Appellants Derrick McGee and Anderson Council own property on the west bank of Jefferson Parish.
- The Jefferson Parish Bureau of Administrative Adjudication found appellants violated Jefferson Parish Code §§ 19-47(A)(6) and 19-56 for failing to maintain a slab, deeming it a public hazard.
- The Bureau ordered demolition and removal of the slab.
- The Parish sought dismissal on the basis that appellants’ devolutive appeal was untimely.
- Appellees then pursued appellate review of the Bureau’s judgment and a trial de novo, which the trial court denied.
- Appellants’ motion for a devolutive appeal filed October 19, 2010 was untimely under La. C.C.P. art. 2087, depriving the appellate court of jurisdiction to reconsider the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of devolutive appeal and resulting jurisdiction | Appellants argue for a devolutive appeal within the allowed delays. | Parish contends the appeal was untimely and divested the court of jurisdiction. | Untimely devolutive appeal; court lacks jurisdiction to review. |
Key Cases Cited
- Katz v. Katz, 412 So.2d 1291 (La.1982) (distinguishes appeal delays as jurisdictional not procedural)
- Harper v. Eschenazi, 892 So.2d 671 (La.App. 5th Cir. 2004) (appeal delays are jurisdictional; not subject to interruption)
- Martin v. Freiberger, 822 So.2d 810 (La.App. 5th Cir. 2002) (illustrates lack of jurisdiction when timely filing is absent)
- Jim & Lu Enterprises, Inc. v. ABC Bd. for City of Baton Rouge, 778 So.2d 75 (La.App. 1st Cir.) (cited in discussion of timeliness and jurisdiction)
- Baton Rouge Bank & Trust Co. v. Coleman, 582 So.2d 191 (La.1991) (supports 2087 timeliness principles)