ARS International, LLC v. Patrick Williams ( 2020 )

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT ARS INTERNATIONAL, LLC NO. 2020 CW 0941 VERSUS PATRICK WILLIAMS DECEMBER 7, 2020 In Re: Patrick Williams, applying for supervisory writs, 18th Judicial District Court, Parish of West Baton Rouge, No. 45548. BEFORE: HIGGINBOTHAM, THERIOT, AND WOLFE, JJ. WRIT NOT CONSIDERED. This writ application is untimely pursuant to Uniform Rules of Louisiana Courts of Appeal, Rules 4- 2 and 4- 3 and La. Code Civ. P. art. 1914. While Patrick Williams timely filed his notice of intention to for apply supervisory writs, he did not timely file his writ application. The return date order Williams required to file his writ application " according to law." Rule 4- 3 provides that "[ t] he return date in civil cases shall not exceed 30 days from the date of notice, as provided in La. C. C. P. art. 1914." Pursuant to La. Code Civ. P. art. 1914( A), the rendition of an interlocutory judgment in open court constitutes notice to all parties. Accordingly, it appears the thirty day time delay for seeking supervisory review began running on August 4, 2020, when the trial court rendered its ruling in open court and expired on September 3, 2020. This writ application was filed on October 5, 2020 and is untimely. COURT OF APPEAL, FIRST CIRCUIT 9,0ZUTY CL RK OF COURT FOR THE COURT