Opinion
NO. 2012 CW 2097
03-25-2013
KAREN ARNOUVILLE, ET AL v. ANNIE H. CROWE, ET AL
In Re: Annie H. Crowe and Shelter Insurance Company, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 2012-2071.
BEFORE: KUHN, PETTIGREW AND McDONALD, JJ.
WRIT NOT CONSIDERED. Relators failed to comply with Uniform Rules of Louisiana Courts of Appeal, Rules 4-3 and 4-5(C)(11), by failing to include documentation of a timely request for a return date, the return date, and any extensions to the return date. Relators also failed to comply with Rule 4-5(C)(5), in that the writ application does not contain a copy of the pertinent court minutes. Moreover, although it is not a violation of the Uniform Rules, we note that relator failed to include a copy of a transcript of the proceedings at issue. See City of Baton Rouge v. Plain, 433 So.2d 710 (La.), cert. denied, 464 U.S. 896, 104 S.Ct. 246, 78 L.Ed.2d 235 (1983). Without sufficient documentation, this Court is unable to determine if a judgment was ordered by the trial court or if a written request for a judgment was filed within 10 days of the ruling in open court so as to make any notice of intent timely under Rule 4-2 and 4-3. See La. Code Civ. P. art. 1914(A) and (B).
Supplementation of this writ application and/or an application for rehearing will not be considered. Uniform Rules of Louisiana Courts of Appeal, Rules 4-9 and 2-18.7.
In the event relators seek to file a new application with this Court, it must contain all pertinent documentation, including documentation to show the original writ application was timely, and must comply with Rule 4-5(B). Any new application must be filed on or before April 29, 2013, and must contain a copy of this ruling.
JTP
JMM
JEK
COURT OF APPEAL, FIRST CIRCUIT ___________
DEPUTY CLERK OF COURT
FOR THE COURT