Opinion
2022 CW 0322
06-21-2022
MARGARET LALUMANDIER v. PINNACLE EXTERIORS ROOFING, LLC
In Re: Pinnacle Exteriors Roofing, LLC, applying for supervisory writs, Baton Rouge City Court, Small Claims Division, Parish of East Baton Rouge, No. 21-01138.
BEFORE: WHIPPLE, C.J., GUIDRY AND WOLFE, JJ.
WRIT NOT CONSIDERED AS UNTIMELY. This writ application is untimely pursuant to the Uniform Rules of Louisiana Courts of Appeal, Rules 4-2 and 4-3, in accordance with the provisions of La. Code Civ. P. art. 1914(A) and (B) . The city court denied relator's exception of improper venue in open court at the August 25, 2021 hearing. Pursuant to the writ application, the city court did not order a written judgment, and a written judgment was not requested in accordance with La. Code Civ. P. art. 1914(B). A motion for a new trial or to reconsider does not affect the time delays for seeking supervisory review. See Easley v. Am. Nation Prop. & Cas. Ins. Co., 2018-0517 (La.App. 1st Cir. 7/23/18), 2018 WL 3533462 (unpublished). Thus, the relator's notice of intent filed on November 8, 2021 was untimely pursuant to Rule 4-3 of the Uniform Rules of Louisiana Courts of Appeal, which provides in part that the return date shall not exceed thirty days from the date of the ruling at issue.
VGW
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