Melissa Danielle Sinclair v. Seth D. Sinclair

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

MELISSA DANIELLE SINCLAIR NO. 2021 CW 0655

VERSUS

SETH D. SINCLAIR JULY 30, 2021

In Re: Seth D. Sinclair, applying for supervisory writs,

Family Court in and for the Parish of East Baton
Rouge, No. 210952.

BEFORE: THERIOT, HOLDRIDGE, AND HESTER, JJ.

WRIT NOT CONSIDERED. This writ application is untimely.
Relator' s notice of intent was filed on May 6, 2021, more than

thirty days after the trial court signed a judgment on January
6, 2021 denying relator' s motion to homologate and granting
plaintiff' s motion for partial judgment on the pleadings.

Although relator filed a motion for new trial following entry of
the January 6, 2021 interlocutory judgment, a motion for new

trial pertains only to final judgments and was procedurally
improper. Most significantly, the filing of a motion for new

trial seeking interlocutory
reconsideration judgment of an

cannot interrupt the thirty -day period for filing an application
for supervisory writs established by Rule 4- 3 of the Uniform
Rules of Louisiana Courts of Appeal. Finally, we note that
relator does not seek review of the denial of the motion for new
trial. Carter v. Rhea, 2001- 0234 ( La. App. 4th Cir. 4/ 25/ 01),
785 So. 2d 1022, 1025.

MRT
GH
CHH

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY LERK OF COURT
FOR THE COURT