Charles Nathaniel Thomas, Jr. v. Blake Sanders, Logan Sanders, and Waffle House Inc.

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

CHARLES NATHANIEL THOMAS, NO. 2019 CW 0720
JR.

VERSUS

BLAKE SANDERS, LOGAN
SANDERS, AND WAFFLE HOUSE,
INC.
AUG 0 5 2019

In Re: Waffle House, Inc., applying for supervisory writs,

21st Judicial District Court, Parish of Tangipahoa,

No. 2017- 02046.

BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.

WRIT NOT CONSIDERED. This writ application is untimely.
Rule 4- 3 of the Uniform Rules, Louisiana Courts of Appeal,

provides that the return date in civil cases shall not exceed 30
days from the date of notice as provided in La. Code Civ. P.

art. 1914. Rule 4- 2 provides that the notice of intent, which

requests a return date, must be filed within the time period

provided for in Rule 4- 3. Pursuant to La. Code Civ. P. art.

1914( A), the rendition of an interlocutory judgment in open

court constitutes notice to all parties. Article 1914( B)

provides that interlocutory judgments must be reduced to writing
if the court so orders, if a party requests the judgment to be
reduced to writing within ten days of the rendition in open

court, or if the court takes the matter under advisement. In

this case, the trial court rendered its judgment in open court

on March 18, 2019, and according to the partial transcript

provided, the court did not order the judgment reduced to

writing. Accordingly, the time delay began to run on that date
and expired on April 17, 2019, prior to the filing of the notice
of intent by relator.

JMM
MRT

WRC

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLE
A vlo
K OF COURT
FOR THE COURT