Lawanda Smith, Individually and on behalf of Karlos D. Smith and Diana Graham v. National General Insurance Company and Heather Holloway ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
LAWANDA SMITH, INDIVIDUALLY NO. 2019 CW 1441
AND ON BEHALF OF KARLOS D.
SMITH AND DIANA GRAHAM
VERSUS
NATIONAL GENERAL INSURANCE
FEB 10 ZOZO
COMPANY AND HEATHER HOLLOWAY
In Re: Lawanda Smith, individually and on behalf of Karlos D.
Smith and Diana Graham, applying for supervisory
writs, 19th Judicial District Court, Parish of East
Baton Rouge, Nos. 671218 c/ w 671222.
BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.
WRIT NOT CONSIDERED. Plaintiffs, Lawanda Smith,
individually and on behalf of Karlos D. Smith and ] liana Graham,
failed to timely file this writ application from the March 29,
2019 district court judgment. As this court did not remand the
matter to the district court, or otherwise invite the district
court to issue an amended judgment, the September 30, 2019
amended judgment is null and cannot provide a basis for
supervisory review. See Hernandez v. Excel Contractors, Inc.,
2018- 1091 ( La. App. 1st Cir. 3/ 13/ 19), 275 So. 3d 278 & Marrero
V. Manheim Auctions, Inc., 2019- 0365 ( La. App. lst Cir.
11/ 19/ 19), So. 3d r 2019 WL 6167832. Accordingly,
plaintiffs failed to provide documentation that this writ
application was timely filed under Rules 4- 2 and 4- 3, Uniform
Rules of Louisiana Courts of Appeal.
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.
PMc
JEW
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COURT OF APPEAL, FIRST CIRCUIT
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PUT CLE OF COURT
FOR THE COURT