Greater New Orleans Expressway Commission v. Olivier

This case involves a direct appeal to this court pursuant to La. Const, art. V, § 5(D) from a judgment of the district court denying plaintiffs petition for writ of mandamus. We find that this court lacks appellate jurisdiction and transfer the case to the appropriate court of appeal.

Facts and Procedural History

The Greater New Orleans Expressway Commission (“GNOEC”) polices the Huey P. Long Bridge and operates, polices, and maintains the Lake Pontchartrain Causeway Bridge. Pursuant to La. R.S. 32:57(G)(1), an additional five dollar cost is imposed on “any person who is found guilty, pleads guilty, or pleads nolo conten-dere to any motor vehicle offense when the citation was issued for a violation on the Huey P. Long Bridge or the Lake Pontchartrain Causeway Bridge or approaches to and Lfrom such bridges by police employed by” the GNOEC. La. R.S. 32:57(G)(2) requires that the proceeds generated by this additional cost be deposited into the state treasury, then credited to a special fund that shall be used by the GNOEC to supplement the salaries of P.O.S.T. certified officers and for the acquisition and upkeep of police equipment.

Judges Rebecca Olivier and George Gia-cobbe of the First Parish Court for the Parish of Jefferson have declined to collect the additional five dollar cost in cases _bpising in their jurisdiction on the ground that Da. 32:57(G) is unconstitutional. December 6, 2001, the GNOEC filed a petition for writ of mandamus against Judges Olivier and Giacobbe in their capacities as public officers, seeking the issuance of a writ of mandamus directing the judges to comply with the provisions of La. R.S. 32:57(G)(1). In answer to the GNOEC’s petition, defendants alleged La. R.S. 32:57 is unconstitutional on several grounds.

The district court denied the GNOEC’s petition for writ of mandamus. In written reasons for judgment, the district court found that defendants had sufficient interest to question the constitutionality of La. R.S. 32:57(G) and determined that La. R.S. 32:57(G) is unconstitutional on several grounds.

The GNOEC appealed the district court’s judgment directly to this court, claiming we have jurisdiction pursuant to La. Const, art. V, § 5(D).

Discussion

La. Const. art. V, § 5(D) provides, in pertinent part, that “a case shall be appealable to the supreme court if (1) a law or ordinance has been declared unconstitutional .... ” In the instant case, the district court’s judgment simply denied the petition for writ of mandamus filed by the GNOEC; it did not declare La. R.S. 32:57(G) unconstitutional. It is only in written reasons for judgment that the district court opined the statute is unconstitutional. A judgment and reasons for judgment are two separate and distinct documents. La. C.C.P. art.1918. Appeals are taken from the judgment, not the written reasons for judgment. See La. C.C.P. arts.2082, 2083; Fisher v. Rollins, 231 La. 252, 260, 91 So.2d 28, 31 (1956); Huang v. Louisiana State Bd. of Trustees for State Colleges and Universities, 99-2805, p. 5 (La.App. 1 Cir. 12/22/00), 781 So.2d 1, 6; McCalmont v. Jefferson Parish Sheriff’s Office, 99-940, p. 6 (La.App. 5 Cir. 1/12/00), 748 So.2d 1286, 1290, writ denied, 00-0679 (La.L4/20/00), 760 So.2d 1160. Because the district court’s judgment did not declare La. R.S. 32:57(G) unconstitutional, we do not have appellate jurisdiction pursuant to the provisions of La. Const, art. V, § 5(D). Accordingly, this case is transferred to the court of appeal.

Decree

For the reasons assigned, we find this court does not have appellate jurisdiction over this case pursuant to the provisions of La. Const, art. V, § 5(D). This case is transferred to the Fifth Circuit Court of Appeal.

Case transferred to Fifth Circuit Court of Appeal.

KNOLL and WEIMER, JJ., dissent and assign reasons.

VICTORY J., dissents for the reasons assigned by KNOLL and WEIMER, JJ.

. Specifically, La. R.S. 32:57(G) provides in its entirely:

(1) Notwithstanding any provision of law to the contrary, any person who is found guilty, pleads guilty, or pleads nolo conten-dere to any motor vehicle offense when the citation was issued for a violation on the Huey P. Long Bridge or the Lake Pontchartrain Causeway Bridge or approaches to and from such bridges by police employed by the Greater New Orleans Expressway Commission shall pay an additional cost of five dollars.

(2) All proceeds generated by this additional cost shall be deposited into the state treasury. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, and prior to monies being placed in the state general fund, an amount equal to that deposited as required in this Subsection shall be credited to a special fund hereby created in the state treasury to be known as the Greater New Orleans Expressway Commission Additional Cost Fund. The monies in this fund shall be appropriated by the legislature to the Greater New Orleans Expressway Commission and shall be used by the commission to supplement the salaries of P.O.S.T. certified officers and for the acquisition or upkeep of police equipment. All unexpended and unencumbered monies in this fund at the end of the fiscal year shall remain in such fund. The monies in this fund shall be invested by the state- treasurer in the same manner as monies in the state general fund and interest earned on the investment of monies shall be credited to this fund, again, following compliance with the requirements of Article VII, Section 9(B) of the Constitution, relative to the Bond Security and Redemption Fund. The monies appropriated by the legislature pursuant to this Paragraph shall not displace, replace, or supplant appropriations otherwise made from the general fund for the Greater New Orleans Expressway Commission.