Opinion
NO. 2013 CW 1401
09-09-2013
BERNHARD MECHANICAL CONTRACTORS, INC., ET AL v. MAPP CONSTRUCTION, LLC, ET AL
In Re: East Baton Rouge Parish School Board, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 615513.
BEFORE: KUHN, HIGGINBOTHAM, AND THERIOT, JJ.
WRIT NOT CONSIDERED. It appears that the writ application filed with this Court on August 12, 2013, is untimely under Uniform Rules of Louisiana Courts of Appeal, Rules 4-2 and 4-3. The ruling at issue was rendered in open court on March 12, 2013, and the transcript does not reflect that the district court ordered a judgment to be submitted or that a party requested that the ruling be reduced to writing within ten days. La. Code Civ. P. art. 1914 B. The request for a return date and the writ application were filed more than 30 days after the ruling in open court.
Supplementation of this writ application and/or an application for rehearing will not be considered. Rules 4-9 and 2-18.7, Uniform Rules of Louisiana Courts of Appeal.
In the event relator elects to file a new application with this Court, it must produce documentation showing the original application was timely filed and that a party timely requested that the district court render a written judgment reflecting the district court's March 12, 2013 ruling denying the East Baton Rouge Parish School Board's motion to dismiss. Furthermore, relator must comply with Rules 2-12.2, Uniform Rules of Louisiana Courts of Appeal. Any new application must be filed on or before September 23, 2013, and must contain a copy of this ruling.
TMH
MRT
JEK
COURT OF APPEAL, FIRST CIRCUIT ______________________
DEPUTY CLERK OF COURT
FOR THE COURT