Opinion
No. 95-CC-2237
September 15, 1995
IN RE: Memmezzwattay, Raamases; — Plaintiff(s); Applying for Supervisory and/or Remedial Writs; to the Court of Appeal, Fifth Circuit, Number 95-CW-0348; Office of Worker's Compensation Number 94-04303
Not considered. The application was not timely filed in this court.
CDK
WFM
JLD
JCW
HTL
JPV
CALOGERO, C.J. not on panel.
JOHNSON, J. would grant the writ. The court of appeal erred in using the date the judgment was received, instead of the date the judgment was mailed, to calculate the delay for applying for a new trial. See La.Civ. Code art. 1974. Consequently, the court of appeal erred in calculating the delay for filing a suspensive appeal. See La.Civ. Code art. 2123. Accordingly, Winn-Dixie's suspensive appeal was not timely perfected. Thus, Winn-Dixie's appeal should be sustained as a devolutive appeal.