McMellon v. State, Dept., Public Safety

Full title: DANNY M. McMELLON, PLAINTIFF-APPELLEE, v. STATE OF LOUISIANA, DEPARTMENT…

Court: Court of Appeal of Louisiana, Second Circuit

Date published: Jun 22, 1981

397 So. 2d 31 (La. Ct. App. 1981)

Opinion

No. 14472.

March 23, 1981. En Banc. Rehearing Denied May 1, 1981. Writ Denied June 22, 1981.

APPEAL FROM ELEVENTH JUDICIAL DISTRICT COURT, PARISH OF DeSOTO; W. CHARLES BROWN, JUDGE.

Robert L. Roshto, Asst. Gen. Counsel, Dept. of Public Safety, Baton Rouge, for defendant-appellant.

Herman L. Lawson, Rothell Toups, Ltd. by David M. Cohn, Mansfield, for plaintiff-appellee.

Before PRICE, HALL and FRED W. JONES, Jr., JJ.

FRED W. JONES, Jr., Judge.

The State of Louisiana appeals a judgment granting to plaintiff McMellon a restricted driver's license.

The issues presented in connection with this appeal are identical to those raised in Barron v. State of Louisiana through the Department of Public Safety, our docket No. 14,471, 397 So.2d 29, rendered this date.

For the reasons set forth therein, we reverse the judgment of the district court granting McMellon a restricted driver's license and order that his petition be dismissed, with costs at trial and on appeal assessed to plaintiff-appellee.