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Avenal v. State Through Dept. Nat. Res.

Supreme Court of Louisiana
Sep 9, 1998
723 So. 2d 963 (La. 1998)

Opinion

No. 98-CC-2367

September 9, 1998

IN RE: Louisiana State of; Natural Resources Dept. of; — Defendant(s); Applying for Supervisory and/or Remedial Writ; Parish of Plaquemines 25th Judicial District Court Div. "B" Number 38-266; to the Court of Appeal, Fourth Circuit, Number 98CW-1661


The ruling of the court of appeal, denying the application as incomplete, is reversed. Relator is ordered to supplement the application within five days of this order, and the court of appeal is ordered to consider and dispose of the application on its merits.

CALOGERO, C.J. not on panel.

LEMMON, J. concurs. When a relator fails to attach pleadings to an application for supervisory writs, the court ordinarily should not simply deny the application on that basis, but should require a supplemental filing of the missing pleading or pleadings within a specified period of time.


Summaries of

Avenal v. State Through Dept. Nat. Res.

Supreme Court of Louisiana
Sep 9, 1998
723 So. 2d 963 (La. 1998)
Case details for

Avenal v. State Through Dept. Nat. Res.

Case Details

Full title:ALBERT J. AVENAL, JR., ET AL v. THE STATE OF LOUISIANA THROUGH THE…

Court:Supreme Court of Louisiana

Date published: Sep 9, 1998

Citations

723 So. 2d 963 (La. 1998)