Opinion
No. 97-CC-0315
March 21, 1997
IN RE: Alexander, Gene H. d/b/a; — Defendant(s); Applying for Supervisory and/or Remedial Writ; Parish of East Baton Rouge 19th Judicial District Court Div. "H" Number 402,941; to the Court of Appeal, First Circuit, Number CW96 2298
Granted. Judgment of the court of appeal refusing to consider the application is set aside. Relator's application was filed in the court of appeal within the extension granted by the trial court and is therefore timely. See Barnard v. Barnard, 96-0859 (La. 6/24/96), 675 So.2d 734. Accordingly, the case is remanded to the court of appeal for consideration of the application on the merits.
CDT
PFC
WFM
HTL
BJJ
JPV
JTK
KIMBALL, J. not on panel; recused.