Opinion
Nos. 2010-CC-0038 c/w 2010-CC-0047.
April 5, 2010.
On Supervisory Writ from the Civil District Court Parish of Orleans; No. 09-3725, Division C, Hon. Sidney H. Cates, Judge presiding; to the Court of Appeal, Fourth Circuit, NO. 2009-C-1374.
IN RE: Lincoln General Hospital et al.; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. C, No. 09-3725; to the Court of Appeal, Fourth Circuit, No. 2009-C-1374.
WATSON, BLANCHE, WILSON POSNER, Robert Warren Robison Jr. Esq., Kevin P. Riche' Esq.; Counsel for Applicant.
Juan Antonio Tramontana Esq.; NELSON, ZENTNER, SARTOR SNELLINGS, LLC, David Hyland Nelson Esq.; Counsel for Respondent.
Dear Judge Cates and Ms. Atkins:
This court has this date granted certiorari in the above entitled matter and the case will be set on this court's docket for oral argument. Enclosed please find copies of orders issued by the court with regard to this matter, which are self-explanatory.
Please note that the record is to be prepared in duplicate and forwarded to this court for oral argument.
Please note Section 8 of Rule VII of the Rules of this Court (as revised November 19, 1991) provides that the applicant or relator, as the case may be, must file their briefs within 25 days and the respondent within 45 days , respectively, from the date of granting of this writ.Briefs should be timely filed if oral argument is desired. Briefs submitted on legal sized paper shoud be fastened at the top. All briefs should be backed with the customary "Blueback" or other flexible material. In criminal proceedings, the court directs that counsel must file a brief. Failure to do so may subject counsel to a penalty of contempt of Court.
It is further provided in Rule VII, Section 9 that briefs sent through the mail shall be deemed timely filed if mailed on or before the due date. If the brief is received by mail on the first legal day following the expiration of the delay, there shall be a rebuttable presumption that it was timely filed. In all cases where the presumption does not apply, the timeliness of the mailing shall be shown only by an official United States postmark or by official receipt or certificate from the United States Postal Service made at the time of mailing which indicates the date thereof. Therefore, if your brief is sent by certified mail, you may want to send us a copy of your official receipt showing date of mailing.
Granted. See Order Attached. Consolidated with 10-CC-0047.
GGG BJJ JPV JLW MRC
And, whereas, the Court has this date, pursuant to Article 5, Section 5, of the Constitution of Louisiana, made and issued the following order, to wit — "It is ordered that the writ of review issue; that the District Court and the Court of Appeal send up the record in Duplicate of the case; and that counsel for all parties be notified."
Now, therefore, the said District Court and the Court of Appeal is hereby commanded, in the name of the State of Louisiana and of this Honorable Court, to send up forthwith to this Court, at the City of New Orleans, the record in duplicate of the above entitled case.