2019CW1441 Nonprecedential Writ not considered Processed

Lawanda Smith, Individually and on behalf of Karlos D. Smith and Diana Graham v. National General Insurance Company and Heather Holloway

Louisiana Court of Appeal, First Circuit · Filed February 10, 2020

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Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

LAWANDA SMITH, INDIVIDUALLY NO. 2019 CW 1441
AND ON BEHALF OF KARLOS D.
SMITH AND DIANA GRAHAM

VERSUS

NATIONAL GENERAL INSURANCE
FEB 10 ZOZO
COMPANY AND HEATHER HOLLOWAY

In Re: Lawanda Smith, individually and on behalf of Karlos D.

Smith and Diana Graham, applying for supervisory
writs, 19th Judicial District Court, Parish of East

Baton Rouge, Nos. 671218 c/ w 671222.

BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT NOT CONSIDERED. Plaintiffs, Lawanda Smith,

individually and on behalf of Karlos D. Smith and ] liana Graham,
failed to timely file this writ application from the March 29,
2019 district court judgment. As this court did not remand the
matter to the district court, or otherwise invite the district
court to issue an amended judgment, the September 30, 2019
amended judgment is null and cannot provide a basis for
supervisory review. See Hernandez v. Excel Contractors, Inc.,
2018- 1091 ( La. App. 1st Cir. 3/ 13/ 19), 275 So. 3d 278 & Marrero
V. Manheim Auctions, Inc., 2019- 0365 ( La. App. lst Cir.

11/ 19/ 19), So. 3d r 2019 WL 6167832. Accordingly,
plaintiffs failed to provide documentation that this writ

application was timely filed under Rules 4- 2 and 4- 3, Uniform
Rules of Louisiana Courts of Appeal.

Supplementation of this writ application and/ or an

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

PMc
JEW
GH

COURT OF APPEAL, FIRST CIRCUIT

T?
PUT CLE OF COURT
FOR THE COURT