Cynthia A. Frandria v. Susan M. Gardner

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

CYNTHIA A. F' RANDRIA NO. 2021 CW 1324

VERSUS

SUSAN M. GARDNER, ET AL. FEBRUARY 14, 2022

In Re: Cynthia A. Frandria, applying for supervisory writs,

21st Judicial District Court, Parish of Tangipahoa,
No. 2020-- 0001051.

BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.

WRIT DENIED. The relator Cynthia A. Frandria' s motion to
appeal and her motion and second request for devolutive appeal

were not
timely filed. Notice of the August 31, 2020, judgment
at issue was mailed on September 14, 2020. Ms. Frandria filed
her motion for appeal an
February 22, 2021, and her motion and

second request for appeal on June 17, 2021. Under La. Code Civ.
P. art. 2087, Ms. Frandria' s motions for appeal were not timely
filed. Without a showing of timeliness, we have no jurisdiction
to consider her writ application. See Sanchez Law Firm, LLC v.
Sherman, 2018- 0416 ( La. App. lst Cir. 7/ 11/ 18), 2018 WL 3388030,
2( unpublished)("[ T] he defect of not taking an appeal timely is
jurisdictional, and neither counsel, the trial court, nor the
appellant court has the authority to extend this delay.")
citation omitted).

PMC
JEW
MRT

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK 3F COURT
FOR THE COURT