Opinion
NO. 2018 CW 0278
05-29-2018
KELVIN WELLS, KELDA WELLS, TREASURE WELLS, BETHANY WELLS AND PATRICK WELLS v. EAST BATON ROUGE PARISH SCHOOL SYSTEM, DISTRICT SUPERINTENDENT MAGNOLIA WOODS ELEMENTARYS SCHOOLS, PRINCIPAL DONNA WALLETTE
In Re: Kelvin Wells, Sr., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 597165. BEFORE: WHIPPLE, C.J., McDONALD AND CHUTZ, JJ.
WRIT NOT CONSIDERED. By failing to include many pertinent documents in his writ application, relator Kelvin Wells violated several rules of the Uniform Rules of Louisiana Courts of Appeal, namely Rules 4-3, 4-5(A) & (B), and 4-5(C)(1), (5), (6), (8), (9), (10), and (11). Specifically, he failed to include the judgment complained of, pertinent court minutes, a signed notice of intent and return date order, the pleading on which this writ application is based as well as any opposition thereto, and the underlying petition for damages. Moreover, Wells committed several formatting errors including the lack of an index, assignments of error, lack of page numbers, no certification of service to opposing counsel, and no affidavit verifying the allegations of the writ application. Due to these numerous violations, it is impossible to ascertain the timeliness of Wells' application or otherwise rule on its merits.
Supplementation of this writ application and/or an application for rehearing will not be considered. Rules 2-18.7 & 4-9, Uniform Rules of Louisiana Courts of Appeal.
In the event relator seeks to file a new application with this court, it must contain all pertinent documentation including documentation to show the original writ application 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 June 12, 2018, and must contain a copy of this ruling.
WRC
VGW
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COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT