Stanley Womack v. Elizabeth Womack

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STANLEY WOMACK NO. 2019 CW 1230

VERSUS

ELIZABETH WOMACK SEPTEMBER 20, 2019

In Re: Stanley Womack, applying for supervisory writs, 22nd
Judicial District Court, Parish of St. Tammany, No.

2014- 14365.

BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.

STAY DENIED; 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. In this case, the trial court

signed the order denying relator' s motion to proceed in forma
pauperis on March 25, 2019, and notice of that ruling was mailed
by the trial court on July 1, 2019. Accordingly, the time delay
began to run on that date and expired on July 31, 2019.
Although relator sent a notice of intent to the trial court via
facsimile seeking review of this ruling, he failed to comply
with the requirements of La. R. S. 13: 650 in order to render the
facsimile filing effective. Accordingly, no notice of intent
was timely filed, and this writ application was not filed

timely.

JMM
MRT
WRC

COURT OF APPEAL, FIRST CIRCUIT

D P CLERK OF COURT
FOR THE COURT