Opinion
NO. 2014 CW 1330
11-25-2014
In Re: Fredrick Myles, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 625755.
BEFORE: GUIDRY, PETTIGREW, McCLENDON, THERIOT AND DRAKE, JJ.
WRIT GRANTED. The writ is granted. The district court is ordered to set this matter for either a hearing on the merits of relator's petition for judicial review or for a status conference.
EGD
JMG
JTP
McClendon and Theriot, JJ., dissent and would deny the writ. A writ of mandamus may be issued in cases where the law provides no relief by ordinary means or where the delay involved in obtaining ordinary relief may cause injustice. Gibson & Associates, Inc. v. State, Dept. of Transp. & Development, 2010-1696 (La. App. 1st Cir. 5/18/11), 68 So.3d 1128, 1140; see also Aberta, Inc. v. Atkins, 2012-0061 (La. 5/25/12), 89 So.3d 1161, 1163 (per curiam). Relator has an adequate remedy for relief by filing a motion, with an accompanying order, requesting the district court to hold a status conference or to set the matter for hearing. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT