DEBRA L. SIMMONS Vs. LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, OFFICE OF MOTOR VEHICLES

State: Louisiana

Court: Fifth Circuit Court of Appeals Clerk

Docket No: 2007-CA-0572

Case Date: 04/01/2008

Plaintiff: DEBRA L. SIMMONS

Defendant: LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, OFFICE OF MOTOR VEHICLES

Preview:DEBRA L. SIMMONS VERSUS LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, OFFICE OF MOTOR VEHICLES

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NO. 2007-CA-0572 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA

LOMBARD, J., CONCURS AND ASSIGNS ADDITIONAL REASON The Louisiana Supreme Court has determined that "[if] the terms of the statute are limited to what is required to be done, i.e, procedural rules, then the statute is considered directory even though mandatory language is used." Marks v. New Orleans Police Dept., 2006-0575, p. 10 (La. 11/29/06) 943 So.2d 1028, 1035, abrogating Davis v. New Orleans Police Dept., 2004-1023 (La. App. 4 Cir. 2/2/05), 899 So.2d 37, (citation omitted).

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