2021-C-01670 Precedential Writ granted. Processed

Carlo Carollo, Jr., And Frank Carollo, Individually And On Behalf Of The Estate Of Carlo Carollo, Sr. And The Estate Of Angelina Carollo v. State Of Louisiana, Department Of Transportation And Development

Louisiana Supreme Court · Filed February 8, 2022

Also decided on this docket: La., September 9, 2022

Opinion text

Supreme Court of Louisiana
February 08, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
CARLO CAROLLO, JR., AND FRANK
CAROLLO, INDIVIDUALLY AND ON BEHALF
OF THE ESTATE OF CARLO CAROLLO, SR.
AND THE ESTATE OF ANGELINA CAROLLO
VS.
STATE OF LOUISIANA, DEPARTMENT OF
TRANSPORTATION AND DEVELOPMENT
No. 2021-C-01670
_ _
_ _ _ _
I
N RE: State of Louisiana, Department of Transportation and Development -
Applicant Defendant; Applying For Writ Of Certiorari, Parish of St. Bernard, 34th
Judicial District Court Number(s) 19- 1727, Court of Appeal, Fourth Circuit,
Number(s) 2021-CA-0114;
_ _ _ _ _ _
February 08, 2022
Writ application granted. See briefing notice and Order.
JTG
JLW
JDH
SJC
WJC
JBM
PDG
02/08/2022 "See News Release 007 for any Concurrences and/or Dissents."

Supreme Court
STATE OF LOUISIANA
New Orleans
CHIEF JUSTICE
JOHN L. WEIMER
JUSTICES
WILLIAM J. CRAIN
SCOTT J. CRICHTON
JAMES T. GENOVESE
JAY B. MCCALLUM
JEFFERSON D. HUGHES III
PIPER D. GRIFFIN
S
ixth District
F
irst District
Second District
Third District
Fourth District
Fifth District
Seventh District
VER
ONICA O. KOCLANES
CLERK OF COURT
400 Royal St., Suite 4200
NEW ORLEANS, LA 70130-8102
T
ELEPHONE (504) 310-2300
HOME PAGE http://www.lasc.org
February 08, 2022
2021-C-01670 CARLO CAROLLO JR. ET AL. VS. STATE OF
LOUISIANA ET AL.
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED February 08, 2022
MEMORANDUM TO COUNSEL IN CAPTIONED CASE:
Please be advised that the above-captioned matter will be set for oral argument on this Court's next
available docket. A copy of the official docket with the specific date and time of oral argument will
be mailed out.
Please note Section 8 of Rule VII of the Rules of this Court provides that the applicant or
relator, as the case may be, must file their briefs on or before March 7, 2022; and the
respondent on or before March 25, 2022.
Oral argu
ment will be waived if brief is untimely filed. Briefs submitted on legal sized paper
should be fastened at the top. All briefs should be backed with the customary "Blueback" or other
flexible material. In criminal proceedings, the court directs that counsel must file a brief. Failure to
do so may subject counsel to a penalty of contempt of Court.
It is further provided in Rule VII, Section 9 that briefs sent through the mail shall be deemed timely
filed if mailed on or before the due date. If the brief is received by mail on the first legal day
following the expiration of the delay, there shall be a rebuttable presumption that it was timely
filed. In all cases where the presumption does not apply, the timeliness of the mailing shall be
shown only by an official United States postmark or by official receipt or certificate from the
United States Postal Service, or bona fide commercial mail services such as Federal Express or
United Parcel Service, made at the time of mailing which indicates the date thereof. Any other date
stamp, such as a private commercial mail meter stamp, or label from an Automated Postal Center,
shall not be used to establish timeliness.
Briefs forwarded by private delivery or courier service shall be deemed timely filed only if received
by the clerk on or before the last day of the delay for filing.
Wi
th kindest regards, I remain,
Ver
y truly yours,
R
yan Chan
Deputy Clerk
RC: RC
ccs: All Counsel
34th Judicial District Court: 19-1727 - JDC:34th Div:E
Court of Appeal, Fourth Circuit: 2021-CA-0114
02/08/22

SUPREME COURT OF LOUISIANA
No. 2021-C-01670
CARLO CAROLLO, JR., AND FRANK CAROLLO, INDIVIDUALLY AND
ON BEHALF OF THE ESTATE OF CARLO CAROLLO, SR. AND
THE ESTATE OF ANGELINA CAROLLO

VERSUS

STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION
AND DEVELOPMENT

On Writ of Certiorari and/or Review
Thirty-Fourth Judicial District Court, Parish of St. Bernard, No. 19-1727;
Court of Appeal, Fourth Circuit, No. 2021-CA-0114.

And, whereas, the Court has this date, pursuant to Article 5, Section 5, of the
Constitution of Louisiana, made and issued the following order, to wit— “It is
ordered that the writ of review issue; that the District Court and the Court of
Appeal send up the record in Duplicate of the case; and that counsel for all parties
be notified.”
Now, therefore, the said District Court and the Court of Appeal is hereby
commanded, in the name of the State of Louisiana and of this Honorable Court, to
send up forthwith to this Court, in accordance with Supreme Court Rule 1, at the
City of New Orleans, the record in duplicate of the above-entitled case.

Witness the Honorable Justices of the
Supreme Court of the State of Louisiana, on
this 8th day of February, in the year of our
Lord, Two Thousand Twenty-Two.

_________________________
Veronica O. Koclanes
Clerk of Court

__________________________
Deputy Clerk of Court