Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Thompson v. Town of Jonesboro

Court of Appeals of Louisiana, First Circuit

June 2, 2017

YOSHI C. THOMPSON
v.
TOWN OF JONESBORO; KENNETH FOLDEN, FISCAL ADMINISTRATOR; ANN WALSWORTH, CLERK OF COURT; AND TOM SCHEDLER, SECRETARY OF STATE

         On Appeal from The 19th Judicial District Court, Parish of East Baton Rouge, State of Louisiana Trial Court No. C642709 The Honorable Timothy Kelley, Judge Presiding

          William G. Whatley Marksville, Louisiana Attorney for Plaintiff/ Appellant, Yoshi C. Thompson.

          Grant Lloyd Willis Baton Rouge, Louisiana Attorney for Defendants/ Appellees, Kenneth Folden and Tom Schedler, Secretary of State.

          J. Clay Carroll Jacob H. Thomas Jonesboro, Louisiana Attorneys for Defendant/ Appellee, Town of Jonesboro.

          BEFORE: WELCH, CRAIN, AND HOLDRIDGE, JJ.

          CRAIN, J.

         The plaintiff, Yoshi C. Thompson, appeals a judgment sustaining peremptory exceptions of prescription and dismissing her claims against Tom Schedler, in his capacity as the Louisiana Secretary of State, and Kenneth Folden, the former fiscal administrator for the Town of Jonesboro. We affirm in part, reverse in part, and remand.

         FACTS AND PROCEDURAL HISTORY

         This proceeding arises out of efforts to appoint an interim mayor for Jonesboro after the sitting mayor was convicted of charges involving malfeasance in office.[1] At a meeting on September 16, 2013, the Jonesboro town council voted to appoint Thompson, the wife of the convicted mayor, to the position of interim mayor. Folden, Jonesboro's judicially appointed fiscal administrator, did not approve the appointment.[2] The Jonesboro town attorney advised the council that Folden's approval was required. The meeting was adjourned with no further action.

         Four days later, Thompson was administered an oath of office by Judge Tammie Lee, and on September 23, 2013, Thompson requested a commission from the Secretary of State recognizing her as Jonesboro's interim mayor. The Secretary of State denied the request, allegedly because Judge Lee retracted the oath administered to Thompson. Almost one year later, on September 19, 2014, Thompson filed a mandamus proceeding against the Secretary of State and the Jackson Parish Clerk of Court, seeking an order directing the Secretary of State to issue a commission to Thompson as interim mayor. The commission was issued on October 2, 2014.

         On October 1, 2015, Thompson filed this suit against several defendants, including the Secretary of State and Folden. In relevant part, Thompson alleges the Secretary of State failed to timely issue her commission and Folden exceeded his authority by "over-riding" the vote of the town council at the September 16, 2013 meeting. Thompson also alleges Folden disregarded the vote of the town council at a meeting on December 24, 2014, when the council voted to accept Thompson as mayor and to compensate her pursuant to the statutory provisions applicable to interim appointments. See La. R.S. 42:1411C.

         The Secretary of State and Folden responded with several exceptions, including peremptory exceptions of prescription asserting Thompson's claims were filed more than one year after the acts giving rise to the claims. In opposition to the exceptions, Thompson argued that filing the mandamus suit interrupted prescription and rendered the present claims timely. Thompson's evidence at the hearing on the exceptions included minutes from the September 16, 2013 council meeting, a copy of the mandamus petition filed on September 19, 2014, and the commission issued by the Secretary of State.

         The trial court found prescription commenced on September 16, 2013, and ran to September 16, 2014. Because the mandamus suit was filed after that date, the trial court found the prescriptive period was not interrupted. A judgment was signed on June 15, 2016, sustaining the exceptions of prescription and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.