2019CW1016 Nonprecedential Stay denied; writ not considered Processed

Kristen Leigh Viator v. James Patrick Dunphy

Louisiana Court of Appeal, First Circuit · Filed August 5, 2019

Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

KRISTEN LEIGH VIATOR NO. 2019 CW 1016

VERSUS

JAMES PATRICK DUNPHY AUGUST 05, 2019

In Re: James Patrick Dunphy, applying for supervisory writs,

Family Court Judicial District Court, Parish of East
Baton Rouge, No. 215621.

BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.

STAY DENIED; WRIT NOT CONSIDERED. Relator failed to

provide a copy of the judgment, order, or ruling complained of

if by written judgment, order, or ruling); a copy of the
judge' s reasons for judgment, order, or ruling ( if written); a

copy of each pleading on which the judgment, order, or ruling
was founded, including the petition( s) in civil cases and the
indictment or the bill of information in criminal cases; a copy
of any opposition and any attachments thereto filed by a party
in the trial court or a statement by the relator that no

opposing written document was filed; a copy of pertinent court

minutes; the notice of intent and return date order required by
Rules 4- 2 and 4- 3; and a separate page entitled " REQUEST FOR
EXPEDITED CONSIDERATION" and indexed as such shall be included
if the applicant seeks expedited relief or a stay order as

required by Rule 4- 4( B) and a corresponding affidavit as

required by Rule 4- 4( C) in violation of Uniform Rules of

Louisiana Courts of Appeal, Rule 4- 5( C) ( 6), ( 7), ( 8), ( 9),
10), ( 11) & ( 12). In addition, relator failed to provide an

index of all items contained therein; a concise statement of the
grounds on which the jurisdiction of the court is invoked; a

concise statement of the case, including the status of the case

at the time the writ application is filed, in order to reflect

any trial dates or hearing dates that are
pending; the issues
and questions of law presented for determination by the court;

and the assignments or specifications of errors and a memorandum
in support of the application, in accordance with Rules 2- 12. 2
and 2- 12. 10, and a prayer for relief ) in violation of Uniform
Rules of Louisiana Courts of Appeal, Rule 4- 5( C)( 1), ( 2), ( 3),
4) & ( 5) .

Supplementation of this writ application and/ or an

application for rehearing will not be considered. Uniform Rules
of Louisiana Courts of Appeal, Rules 2- 18. 7 & 4- 9.

In the event relator seeks to file a new application with

this court, it must contain all pertinent documentation,
including the missing items noted above, and must comply with

Uniform Rules of Louisiana Courts of Appeal, Rule 2- 12. 2. Any
new application must be filed on or before August 16, 2019 and

must contain a copy of this ruling.

JMM
MRT
WRC

COURT OF APPEAL, FIRST CIRCUIT

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DEPUTY CLERK OF COURT
FOR THE COURT