Legal Opinion

Smith v. Louisiana Department of Public Safety

Louisiana Court of Appeal

Decided October 15, 1990No. 90-1029PublishedCited by 2 opinions

1Opinion of the Court

YELVERTON, Judge.

MOTION TO DISMISS

Defendant-appellee, Department of Public Safety and Corrections, seeks to dismiss the appeal of plaintiff-appellant, Roger L. Smith, on the ground that appellant is appealing from an unappealable judgment. For the reasons given below, we convert appellant’s appeal to an application for supervisory relief and grant writs in this matter in order to avoid irreparable harm.

According to appellant’s driver’s license and traffic conviction record, appellant submitted to a test, presumably a chemical test for intoxication, on April 20, 1990. Apparently, the test must…

2Cases cited5 opinions

  1. Pitre v. Opelousas General Hosp.Supreme Court of Louisiana · 1988
  2. Bordelon v. CochraneLouisiana Court of Appeal · 1988
  3. Stevens v. Patterson Menhaden CorporationLouisiana Court of Appeal · 1967
  4. Schott v. State ex rel. Department of Public SafetyLouisiana Court of Appeal · 1990
  5. Hamilton Med. Group v. Ochsner Health PlanLouisiana Court of Appeal · 1989

3Cited by2 opinions

  1. Massey v. G.B. Cooley Hospital for Retarded CitizensLouisiana Court of Appeal · 1992
  2. Farmers-Merchants Bank & Trust Co. v. St. Katherine Insurance Co.Louisiana Court of Appeal · 1990

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