Opinion
NO. 2016 CW 1638
03-21-2017
NATIONAL BENCH ADVERTISING, INC. v. OWENS COLLISION AND SERVICE CENTER, LLC, GLO INVESTMENTS, LLC, ALLSTAR HOLDINGS, LLC, COLLISION MAX, LLC AND GREGORY OWENS
In Re: Collision Max, LLC, GLO Investments, LLC, and Allstar Holdings, LLC, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 648,907. BEFORE: HIGGINBOTHAM, THERIOT, AND CHUTZ, JJ.
WRIT NOT CONSIDERED. The relators have failed to provide proof that they timely filed their writ application under Rule 4-3, Uniform Rules of Louisiana Courts of Appeal. The trial court set a return date of December 16, 2016. The writ application was not filed until December 20, 2016. The writ application contains no order extending the return date as allowed by Rule 4-3; nor does it contain any other indicia that the writ was timely filed. As such, this Court is without authority to consider the writ application. Rule 4-3, Uniform Rules of Louisiana Courts of Appeal.
Supplementation of this writ application and/or an application for rehearing will not be considered. Rules 4-9 and 2-18.7, Uniform Rules of Louisiana Courts of Appeal.
In the event relators seek to file a new application with this Court, it must contain all pertinent documentation, including documentation to show the original writ application was filed and was timely, and must comply with Rule 2-12.2, Uniform Rules of Louisiana Courts of Appeal. Any new application must be filed on or before March 27, 2017, and must contain a copy of this ruling.
WRC
TMH
Theriot, J., concurs. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT