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McCoy v. Department of Public Safety Office of State Police
Citations: 451 So. 2d 1357; 1984 La. App. LEXIS 9151Docket: No. CM 84 0246
Court: Louisiana Court of Appeal; June 26, 1984; Louisiana; State Appellate Court
The Director of the Department of State Civil Service filed a Motion to Dismiss an Unlodged Appeal, citing the precedent set in Guillory v. Department of Transportation and Development, which indicated that an appeal must be filed within a specific timeframe. The Director noted that the Referee's opinion was filed on December 23, 1983, and no application for review by the State Civil Service Commission was submitted by either party, with the appeal application received on January 23, 1984. However, the Supreme Court later overruled the Guillory decision, clarifying that Louisiana Code of Civil Procedure article 5059 applies. This article stipulates that if the thirty-day period for appealing a Civil Service ruling ends on a holiday or half-holiday, the applicant has until the next business day to file. Consequently, the motion to dismiss the appeal was denied.