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Judgment rendered May 18, 2011. Application for rehearing may be filed within the delay allowed by art. 2166, La. C.C.P.

No. 46,268-CA

COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA

*****

CHARLES P. SMITH

Plaintiff-Appellant

Versus

CADDO PARISH SCHOOL BOARD

Defendant-Appellee

***** Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana Trial Court No. 520,574 Honorable Scott J. Crichton, Judge

*****

WEEMS, SCHIMPF, GILSOUL, HAINES, LANDRY & CARMOUCHE (APLC) By: Brian D. Landry FRED H. SUTHERLAND

Counsel for Appellant

Counsel for Appellee

***** Before STEWART, DREW and MOORE, JJ.

DREW, J.: Charles P. Smith, a tenured teacher, appeals the district court's affirmation of his dismissal by the Caddo Parish School Board (CPSB), following a tenure hearing conducted under La. R.S. 17:443. The issue in this appeal is whether the CPSB violated Smith's right in refusing to grant a continuance of his scheduled tenure hearing.1 The hearing was conducted without Smith's presence on October 8, 2007. Smith's counsel was present at all times during the proceedings. After a full judicial hearing, the trial court affirmed the CPSB ruling. This appeal followed. We now affirm. Reasons for Judgment After hearing testimony, receiving evidence and reviewing the record, the trial court found that under the circumstances created by Smith, there was no violation of his procedural and substantive due process rights. The trial court dismissed Smith's suit, affirming his termination. We adopt in toto the trial court's Reasons for Judgment, attached hereto as an appendix. Of crucial importance, we note that Smith's counsel:

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