ARS International, LLC v. Patrick Williams

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

ARS INTERNATIONAL, LLC NO. 2020 CW 0941

VERSUS

PATRICK WILLIAMS DECEMBER 7, 2020

In Re: Patrick Williams, applying for supervisory writs, 18th
Judicial District Court, Parish of West Baton Rouge,
No. 45548.

BEFORE: HIGGINBOTHAM, THERIOT, AND WOLFE, JJ.

WRIT NOT CONSIDERED. This writ application is
untimely
pursuant to Uniform Rules of Louisiana Courts of Appeal, Rules
4- 2 and 4- 3 and La. Code Civ. P. art. 1914. While Patrick
Williams timely filed his notice of intention to for
apply
supervisory writs, he did not timely file his writ application.
The return date order Williams
required to file his writ
application " according to law." Rule 4- 3 provides that "[ t] he
return date in civil cases shall not exceed 30 days from the
date of notice, as provided in La. C. C. P. art. 1914." Pursuant
to La. Code Civ. P. art. 1914( A), the rendition of an

interlocutory judgment in open court constitutes notice to all
parties.
Accordingly, it appears the thirty day time delay for
seeking supervisory review began running on August 4, 2020, when

the trial court rendered its ruling in open court and expired on
September 3, 2020. This writ application was filed on October
5, 2020 and is untimely.

COURT OF APPEAL, FIRST CIRCUIT

9,0ZUTY CL RK OF COURT
FOR THE COURT