2001-CC-0345 Precedential Processed

Yfb v. Rdr

Louisiana Supreme Court · Filed April 12, 2001 · 787 So. 2d 276

Also decided on this docket: La., April 12, 2001 787 So. 2d 276; La., March 9, 2001 786 So. 2d 111

Cited by

Carlnell Pierce Versus State of Louisiana La. Ct. App. 5th Cir. 2020
Kaem v. Jmc 983 So. 2d 1259 La. 2008
K.A.E.M. v. J.M.C. 983 So. 2d 1259 La. 2008
State v. Crandell 924 So. 2d 122 La. 2006
State v. Lee 844 So. 2d 970 La. Ct. App. 4th Cir. 2003
State v. Lee 800 So. 2d 833 La. 2001

Opinion text

787 So.2d 276 (2001) Y.F.B., v. R.D.R. No. 2001-CC-0345. Supreme Court of Louisiana. April 12, 2001. PER CURIAM. The application for reconsideration is denied. Relator's original writ application in this court was filed on February 6, 2001, sixty-two days after the court of appeal denied his writ application on December 6, 2000 and well outside of the thirty day period mandated by Supreme Court Rule X, § 5. Although relator's application in this court was filed within thirty days from the court of appeal's denial of rehearing, Supreme Court Rule X, § 5(a) extends the thirty day period for taking writs to this court only "in those instances where a rehearing is allowed" in the court of appeal. Uniform Court of Appeal Rules 4-9 and 2-18.7 do not provide for a rehearing from a denial of an application for supervisory writs. [1] Accordingly, the delay for taking writs to this court ran from the court of appeal's original writ denial, not its denial of rehearing. NOTES [1] We recognize the court of appeal's writ denial in this case was done with an opinion; however, the court's decree makes it clear that its ultimate holding was to deny the application for supervisory writs.