Opinion
NO. 2019-CC-1402
01-28-2020
GLOBAL MARKETING SOLUTIONS, L.L.C. v. BLUE MILL FARMS, INC., ET AL.
ON SUPERVISORY WRIT TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF WEST BATON ROUGE
Granted. As explained in the district court's per curiam submitted to this court, "this court and all parties hereto at all times clearly contemplated that a written judgment would be submitted in this matter." Therefore, the delay for seeking writs under Rule 4-3 of the Uniform Rules of the Courts of Appeal commenced from the date of notice of the May 8, 2019 written judgment. Relators' notice of intent was filed within thirty days of the mailing of notice of the May 8, 2019 judgment. See Kosmitis v. Bailey, 96-1573 (La. 10/4/96), 680 So.2d 1167 (explaining that "[b]ecause a written judgment was clearly contemplated at all times by the trial court and all parties," the writ delays commenced from the date of notice of the written judgment).
Accordingly, the ruling of the court of appeal declining to consider relators' writ application is vacated and set aside. The case is remanded to the court of appeal for consideration of relators' writ application on the merits.