Rodney Hamilton v. M. Sergeant Tedrick Knox and State of Louisiana through Louisiana Department of Public Safety and Corrections Louisiana Penitentiary ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, Fl~ST CIRCUIT
RODNEY HAMILTON NO. 2022 CW 1325
VERSUS
M. SERGEANT TEDRICK KNOX;
AND STATE OF LOUISIANA
THROUGH LOUISIANA DEPARTMENT
OF PUBLIC SAFETY AND
MARCH 13, 2023
CORRECTIONS LOUISIANA STATE
PENITENTIARY
In Re: Rodney Hamilton, applying for supervisory writs, 20th
Judicial District Court, Parish of West Feliciana, No.
24183.
BEFORE: THERIOT, CHUTZ, AND HESTER, JJ1.
I
WRIT NOT CONSIDERED. This writ l::lPPlication is untimely.
Relator's notice of intent was filed on November 14, 2022, more
than thirty days after the district court signed a judgment
granting the defendants' exception of nonjoinder, and notice of
judgment was mailed on October 6, 202'2. Although plaintiffs
filed a motion for a new trial following the district court's
grant of the exception, that ruling was interlocutory, and a
motion for new trial pertains only to , final judgments and was
procedurally improper. Most significamtly, the filing of a
motion for new trial seeking reconsider~tion of an interlocutory
ruling cannot interrupt the thirty-day period for filing an
application for supervisory writs establ~shed by Rule 4-3 of the
Uniform Rules of Louisiana Courts of Appeal. See Carter v. Rhea,
2001-0234 ( La. App. 4th Cir. 4/25/01), 785 So.2d 1022, 1025.
MRT
WRC
CHH
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT