Insurance Dispute Lawyer Blog
Buckle up your seatbelts and get ready for a wild ride through the twists and turns of Bosley’s Driving School saga! Meet Mr. Bosley, the daring entrepreneur behind this driving school extravaganza, with locations in the charming towns of Donaldsonville and Gonzales, Louisiana. Now, picture this: Mr. Bosley is on a mission to teach the art of driving, but not just any driving – he dreams of offering the elusive 38-hour driver’s education course. But, oh, the drama unfolds when his dreams clash with the stern rules and regulations of the Louisiana driver’s education system. Despite a denial that would make even the bravest soul reconsider, Mr. Bosley and his team continued their quest, issuing certificates left and right. Little did they know, the authorities were hot on their tail, leading to a showdown of epic proportions. Fast forward to courtroom battles, administrative hearings, and a rollercoaster of legal twists that could rival any Hollywood blockbuster. Will Mr. Bosley’s driving school dreams come crashing to a halt, or will he find a way to steer his way out of this legal maze? Strap in and find out!
Mr. Bosley owns and runs Bosley’s Driving School for drivers’ education classes. The driving school has two locations—one in Donaldsonville and the other in Gonzales, Louisiana. The Donaldsonville location was licensed to teach 6 hours of classroom instruction, while the Gonzales location was licensed to teach the full 14-hour driver’s education course. Neither location was licensed to teach the 38-hour course. Louisiana offers two types of driver’s education courses: (1) A 14-hour course for individuals over eighteen, which requires 6 hours of classroom instruction and 8 hours of behind-the-wheel driving, and (2) a 38-hour course for individuals under eighteen, which requires 30 hours of classroom instruction and 8 hours of behind -the -wheel driving. La. R.S. 32:402. 1.
In October 2012, Bosley applied for permission to instruct the 38-hour driver’s ed course. On December 10, 2012, Bosley was notified via email that their application was denied because they needed to meet the curriculum requirements. Regardless of this denial, Bosley continued to issue certificates of completion of the 38-hour course to several students. When the State learned of this, they sent Bosley an order to cease further operations as a driving school and third-party tester in Louisiana. On March 27, 2014, the State notified Bosley that because he was providing students with the 38-hour driver’s education course despite needing to be licensed, his licenses to teach the 6-hour and the 14-hour courses were rescinded. Bosley filed an appeal and requested a hearing.
On February 20, 2015, an administrative hearing was held. The State’s revocations were affirmed. The court agreed that Bosley had conducted the 30-hour classroom portion of the 38-hour course despite not being licensed. Bosley pursued judicial review of the decision by the district court. The State filed a motion to dismiss for a no cause of action, which the district court granted.
Bosley filed a devolutive appeal of the district court’s decision on July 29, 2015. On April 27, 2016, the case was reversed and remanded back to the district court, finding that the district court should have ordered a hearing on the merits and the administrative record needed to be incorporated into the court’s record. In April 2017, the district court affirmed the administrative court’s decision again and dismissed the matter with prejudice.
On September 19, 2017, the State filed a motion and order to dismiss the appeal and alleged that Bosley failed to appeal the district court’s decision. The State argued that the deadline to appeal was July 5, 2017, but Bosley did not appeal until July 11, 2017.
According to the Louisiana Code of Civil Procedure, Article 1974 “the delay for applying for a new trial is seven days, exclusive of legal holidays. The delay for applying for a new trial starts the day after the clerk mails it in, or the sheriff has been served, the notice of judgment.”
In this case, the district court mailed its notice of judgment on April 28, 2017. The deadline to apply for a new trial was May 9, 2017. The time to file a devolutive appeal expired on July 10, 2017. Bosley filed a motion for devolutive appeal on July 11, 2017. Because Bosley did not appeal within the available time, the appeal must be dismissed as untimely.
In the end, the legal gears ground to a halt, leaving Bosley and his driving school dreams in the dust. Despite their persistence and determination, the unforgiving hand of time caught up with them, leading to the untimely dismissal of their appeal. The tale of Bosley’s Driving School serves as a cautionary reminder that even the most spirited endeavors can be derailed by the unyielding hands of bureaucracy. And so, the wheels of justice keep turning, leaving behind a trail of lessons for all those who dare to dream beyond the boundaries of the law. And with that, our thrilling journey through Bosley’s Driving School comes to an end, leaving us with a tale of ambition, struggle, and the relentless pursuit of the road less traveled.
Additional Sources: Bosley’s Driving School and O’Neal versus Louisiana Department of Public Safety and Corrections
Written by Berniard Law Firm Blog Writer: Needum Lekia
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