Opinion
No. 2008 CA 1331.
December 8, 2008.
In Re: Mary Magruder, applying for rehearing, Plaquemine City Court, Parish of Iberville, No. CC6073.
BEFORE: PETTIGREW, McDONALD AND HUGHES, JJ.
APPLICATION FOR REHEARING NOT CONSIDERED. Pursuant to Uniform Rule — Courts of Appeal, Louisiana, Rule 2-18.2 (b), "In cases governed by the Code of Civil Procedure, an application for rehearing must be filed with the clerk on or before 14 days after the personal delivery or mailing of the notice of the judgment and opinion of the court." In this case, the notice of the judgment of dismissal was mailed on September 19, 2008, such that the deadline for applying for rehearing was October 3, 2008. The rehearing application was filed on October 21, 2008. Therefore, the rehearing application was untimely and will not be considered.
JMM JTP
HUGHES, J., dissents.