Trishla Parakh v. Foremost Signature Insurance Company and Kiss My Nails, L.L.C.

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

TRISHLA PARAKH NO. 2019 CW 1159

VERSUS

FOREMOST SIGNATURE INSURANCE
COMPANY AND KISS MY NAILS, DEC O Qig
LLC

In Re: Foremost Signature Insurance for
Company, applying
supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 655534.

BEFORE: MCCLENDON, WELCH, AND HOLDRIDGE, 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, and that, upon proper showing, the appellate court

may extend the time for filing the application upon the filing
of a motion for extension of return date by the applicant, filed
within the original return date period. 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.
The trial court denied the Motion for Summary
Judgment filed by Foremost Signature Insurance Company
Foremost") in open court on November 15, 2018 and requested a
written judgment. A written judgment was filed on November 30,
2018 and
January 11,
signed 2019.
on Notice of the signed
judgment was mailed on January 24, 2019. Foremost fax filed a
Notice of Intent to Apply for
Supervisory Writs and Request for
Return Date on February 22, 2019, date
requesting a return of
March 15, 2019. The trial court set a return date of March 15,
2019; however, the original writ application was not filed until
March 18, 2019, and Foremost did not file its Motion for
Extension of Time to File Writ Application for Supervisory Writs
within the original return date period.

PMC
JEW
GH

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT