Saulny v. New Orleans Police Dep't
| Decision Date | 12 November 2019 |
| Docket Number | No. 2019-C-01366,2019-C-01366 |
| Parties | Terrance SAULNY v. NEW ORLEANS POLICE DEPARTMENT Terrance Saulney v. New Orleans Police Department |
| Court | Louisiana Supreme Court |
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.
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Saulny v. New Orleans Police Dep't
...3 In accordance with the directive of the Louisiana Supreme Court in Saulny v. New Orleans Police Dep't, 19-01366 (La. 11/12/19), 282 So.3d 210, remanding this matter for a consideration of the merits of Officer Terrance Saulny's appeal, we have reviewed the record before us and the August ......
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...be "overly technical" in the interpretation of the requirements See Saulny v. New Orleans Police Department, 2019-01366 (La. 11/12/19), 282 So.3d 210, 210 (per curiam). Further, an appeal should not be dismissed unless the law clearly requires a dismissal, and an appeal is not to be dismiss......
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