Opinion
No. 2001-CC-0137.
January 16, 2001. Opinion Denying Reconsideration March 16, 2001.
IN RE: Morris, Daniel T.; Applying for Reconsideration of this Court's order dated January 26, 2001; Parish of Lafourche, 17th Judicial District Court Div. B, No. 86824; to the Court of Appeal, First Circuit, No. 00 CW 2306.
Reconsideration denied. See per curiam.
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The application for reconsideration is denied. Relator's original writ application in this court was filed on January 16, 2001, sixty-nine days after the court of appeal denied his writ application on November 8, 2000 and well outside of the thirty day period mandated by Supreme Court Rule X, § 5. Although relator's application in this court was filed within thirty days from the court of appeal's denial of rehearing, Supreme Court Rule X, § 5(a) extends the thirty day period for taking writs to this court only "in those instances where a rehearing is allowed" in the court of appeal. Uniform Court of Appeal Rules 4-9 and 2-18.7 do not provide for a rehearing from a denial of an application for supervisory writs. Accordingly, the delay for taking writs to this court ran from the court of appeal's original writ denial, not its denial of rehearing.