PENALBER v. BLOUNT, 407 So.2d 1189 (La. 1981)

SHERRY PENALBER, v. KIRBY BLOUNT, LIVINGSTON PARISH POLICE JURY AND THE TOWN OF LIVINGSTON.

No. 81-C-2860.Supreme Court of Louisiana.
December 4, 1981.

Re: Sherry Penalber, applying for Writ of Certiorari, or Review, First Circuit Court of Appeal, Parish of Livingston, No. 14335.

[1] Denied. [2] DENNIS, J., concurs in the denial of the writ, 405 So.2d 1378
(La.App.). The only issue raised by this application is whether a writ of mandamus may be used to force a political subdivision to honor a compromise of a judgment. In the absence of a valid compromise agreement, we are not called upon to exercise our supervisory jurisdiction with respect to other possible errors. [3] LEMMON, J., concurs in the denial, based on the sole assignment of error. However, this action should not be taken as approving the appellate court’s implicit holding that a judgment creditor cannot petition the court to compel a political subdivision to take action on the appropriation of funds for payment of the judgment. The hackneyed expression that mandamus doesn’t lie to compel performance of a ministerial duty does not address the visceral problem. [4] CALOGERO, J., concurs. The only assignment is without merit. [5] [EDITORS’ NOTE: MAJORITY OPINION TEXT CAN BE FOUND AT 405 So.2d 1378.]

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