Opinion
2022 CW 1325
03-13-2023
RODNEY HAMILTON v. M. SERGEANT TEDRICK KNOX; AND STATE OF LOUISIANA THROUGH LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS LOUISIANA STATE PENITENTIARY
In Re: Rodney Hamilton, applying for supervisory writs, 20th Judicial District Court, Parish of West Feliciana, No. 24183.
BEFORE: THERIOT, CHUTZ, AND HESTER, JJ.
WRIT NOT CONSIDERED.
This writ application is untimely. Relator's notice of intent was filed on November 14, 2022, more than thirty days after the district court signed a judgment granting the defendants' exception of nonjoinder, and notice of judgment was mailed on October 6, 2022. Although plaintiffs filed a motion for a new trial following the district court's grant of the exception, that ruling was interlocutory, and a motion for new trial pertains only to final judgments and was procedurally improper. Most significantly, the filing of a motion for new trial seeking reconsideration of an interlocutory ruling cannot interrupt the thirty-day period for filing an application for supervisory writs established by Rule 4-3 of the Uniform Rules of Louisiana Courts of Appeal. See Carter v. Rhea, 2001-0234 (La.App. 4th Cir. 4/25/01), 785 So.2d 1022, 1025.
MRT
WRC
CHH