Opinion
No. 2010-C-0703.
June 25, 2010.
On Writ of Review to the Court of Appeal, First Circuit No. 2009 CA 1325; Parish of St. Tammany; 22nd Judicial District Court. Division C, No. 2007-11748, Hon. Richard A. Swartz, Judge presiding;
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED JUNE 25, 2010
PORTEOUS, HAINKEL JOHNSON, LLP, Dan Richard Dorsey Esq.; Counsel for Applicant;
Michael John Bourquard Esq.; CASHE LEWIS COUDRAIN SANDAGE, Ashley Edwards-Sandage Esq.; DISCON LAW FIRM, Thomas M. Discon Esq.; JOHNSON, JOHNSON, BARRIOS YACOUBIAN, Rene Sylvain Paysse Jr. Esq., Nicholas John Chauvin Esq.; MICHAEL HINGLE ASSOCIATES, LLC, Samuel Austin McElroy Esq.; Counsel for Respondent.
MEMORANDUM TO COUNSEL IN CAPTIONED CASE:
Please note Section 8 of Rule VII of the Rules of this Court (as revised November 19, 1991) provides that the applicant or relator, as the case may be, must file their briefs within25 days and the respondent within 45 days, respectively, from the date of granting of this writ. Briefs should be timely filed if oral argument is desired. Briefs submitted on legal sized paper shoud be fastened at the top. All briefs should be backed with the customary "Blueback" or other flexible material. In criminal proceedings, the court directs that counsel must file a brief. Failure to do so may subject counsel to a penalty of contempt of Court.
It is further provided in Rule VII, Section 9 that briefs sent through the mail shall be deemed timely filed if mailed on or before the due date. If the brief is received by mail on the first legal day following the expiration of the delay, there shall be a rebuttable presumption that it was timely filed. In all cases where the presumption does not apply, the timeliness of the mailing shall be shown only by an official United States postmark or by official receipt or certificate from the United States Postal Service made at the time of mailing which indicates the date thereof. Therefore, if your brief is sent by certified mail, you may want to send us a copy of your official receipt showing date of mailing.
In Re: Mississippi Farm Bureau Cas. Ins. Co.
applying for Writ of Certiorari and/or Review on the docket of the 22nd Judicial District Court Div. C for the Parish of St. Tammany No. 207-11748 on the docket of the Court of Appeal, First Circuit No. 2009 CA 1325, State of Louisiana.
And, whereas, the Court has this date, pursuant to Article 5, Section 5, of the Constitution of Louisiana, made and issued the following order, to wit — "It is ordered that the writ of review issue; that the District Court and the Court of Appeal send up the record in Duplicate of the case; and that counsel for all parties be notified."
Now, therefore, the said District Court and the Court of Appeal is hereby commanded, in the name of the State of Louisiana and of this Honorable Court, to send up forthwith to this Court, at the City of New Orleans, the record in duplicate of the above entitled case.
IN RE: Mississippi Farm Bureau Cas. Ins. Co.; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. C, No. 2007-11748; to the Court of Appeal, First Circuit, No. 2009 CA 1325;
Granted. See Order Attached.