Opinion
No. 2022-OC-00059
03-15-2022
GREGORY SWAFFORD FAMILY TRUST v. GRAYSTAR MORTGAGE, LLC, JB 430 Holdings LLC, and The Honorable Marlin H. Gusman in This Official Capacity as The Orleans Parish Sheriff.
Writ application granted. See per curiam.
Weimer, C.J., dissents and would deny.
PER CURIAM
Granted. The court of appeal erred in dismissing relator's appeal. Relator's October 19, 2020 motion for appeal was filed within the applicable appeal delays following the district court's October 1, 2020 judgment denying relator's motion for new trial. Relator's filing of an application for supervisory writs during this time had no effect on the appeal delays. See Guillory v. Hartford Ins. Co., 383 So.2d 144, 145 (La. App. 3rd Cir. 1980) ("[t]he appellants have cited no statute, court rule, or jurisprudence, and we have found none, which holds that an application for supervisory writs suspends the running of the delay for filing an appeal.").
Accordingly, without passing on the merits, we vacate the judgment of the court of appeal and reinstate relator's appeal. The case is remanded to the court of appeal for consideration of the appeal on the merits.