Summary
holding that the litigant was foreclosed because he failed to seek rehearing of the lower court's decision on rehearing
Summary of this case from State v. NicoriOpinion
No. 51020.
December 14, 1970.
In re: City of Lafayette applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Lafayette.
Application not considered — Since applicant failed to apply for a rehearing from the Court of Appeal's decision (On Rehearing) in favor of plaintiff, this Court is without jurisdiction under Sec. 11 of Article VII of our Constitution. See also Article 2167 CCP, Rule 11, Sec. 5 of the Uniform Rules, Court of Appeal, R.S. 13:4450 and compare and see discussion in State, Department of Highways v. Mason, 254 La. 1035, 229 So.2d 89 (1969).