Opinion
NO. 2016 CW 1684
03-20-2017
CELESTE RENEE SILVA v. BRENT SILVA
In Re: Renee Silva, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2012-15086. BEFORE: HIGGINBOTHAM, THERIOT AND CHUTZ, JJ.
WRIT NOT CONSIDERED. Uniform Rules of Louisiana Courts of Appeal, Rule 2-13 regarding timely filing of papers states in pertinent part,
All papers and required copies to be filed in a Court of Appeal shall be legible and shall be filed with the clerk. Filing may be accomplished by delivery or by mail addressed to the clerk. The filing of such papers shall be deemed timely when the papers are mailed on or before the due date...the timeliness of the mailing shall be shown only by an official United States postmark or cancellation stamp or by official receipt or certificate from the United States Postal Service or bonafide commercial mail services such as Federal Express or United Parcel Service, made at the time of mailing which indicates the date thereof. Any other dated stamp, such as a private commercial mail meter stamp, shall not be used to establish timeliness.
Relator was to file her writ application on or before December 22, 2016, but did not file same until December 27, 2016, per the United States postmark found on the envelope of the writ application. Therefore, the writ application is untimely.
TMH
MRT
WRC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT