Gregory Swafford Family Trust v. Graystar Mortgage, Llc, Jb 430 Holdings Llc, And The Honorable Marlin H. Gusman In This Official Capacity As The O Rleans Parish Sheriff.

Supreme Court of Louisiana
March 15, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
GREGORY SWAFFORD FAMILY TRUST
VS.
GRAYSTAR MORTGAGE, LLC, JB 430
HOLDINGS LLC, AND THE
HONORABLE MARLIN H. GUSMAN IN
THIS
OFFICIAL CAPACITY AS THE
O
RLEANS PARISH SHERIFF.
No. 2022-OC-00059
_ _ _ _
_ _
IN R
E: Gregory Swafford Family Trust - Applicant Plaintiff; Applying For
Supervisory Writ, Parish of Orleans Civil, Orleans Civil District Court Number(s)
2019-10896, Court of Appeal, Fourth Circuit, Number(s) 2021-CA-0200;
_ _ _ _ _ _
March 15, 2022
Writ application granted. See per curiam.
Weimer, C.J., dissents and would deny.
JDH
SJC
JTG
WJC
JBM
PDG
03/15/2022 "See News Release 011 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 2022-OC-00059
G
REGORY SWAFFORD FAMILY TRUST
VS.
GRAYSTAR MORTGAGE, LLC, JB 430 HOLDINGS LLC, AND THE
HONORABLE MARLIN H. GUSMAN IN THIS OFFICIAL CAPACITY AS
THE ORLEANS PARISH SHERIFF
O
n Writ of Certiorari to the Court of Appeal, Fourth Circuit, Parish of Orleans
Civil
PE
R CURIAM
Gr
anted. The court of appeal erred in dismissing relator’s appeal. Relator’s
October 19, 2020 motion for appeal was filed within the applicable appeal delays
following the district court’s October 1, 2020 judgment denying relator’s motion for
new trial. Relator’s filing of an application for supervisory writs during this time
had no effect on the appeal delays. See Guillory v. Hartford Ins. Co., 383 So.2d
144, 145 (La. App. 3rd Cir. 1980) (“[t]he appellants have cited no statute, court rule,
or jurisprudence, and we have found none, which holds that an application for
supervisory writs suspends the running of the delay for filing an appeal.”).
Accordingly, without passing on the merits, we vacate the judgment of the
court of appeal and reinstate relator’s appeal. The case is remanded to the court of
appeal for consideration of the appeal on the merits.
03/15/2022