DCR Mortgage 7 Sub 1, LLC v. Legends Square, LLC, Michael D. Kimble, Mitchell W. Kimble, Kimble Development, LLC, and Horace L. Mitchell
DCR Mortgage 7 Sub 1, LLC v. Legends Square, LLC, Michael D. Kimble, Mitchell W. Kimble, Kimble Development, LLC, and Horace L. Mitchell, No. 2022CW0234 (La. Ct. App. 1st Cir. May 16, 2022).
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
DCR MORTAGE 7 SUB 1, LLC NO. 2022 CW 0234
VERSUS
LEGENDS SQUARE, LLC, MICHAEL
D. KIMBLE, MITCHELL W.
MAY 16, 2022
KIMBLE, KIMBLE DEVELOPMENT,
LLC, AND HORACE L. MITCHELL
In Re: DCR Mortage 7 Sub 1, LLC, applying for supervisory
writs, 19th Judicial District Court, Parish of East
Baton Rouge, No. 691, 062.
BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.
WRIT DENIED AS MOOT. Following a hearing on
plaintiff/ relator, DCR Mortgage 7 Sub 1, LLC' s, Motion for New
Trial, an Amended Judgment on Amended Motion for Summary
Judgment was issued by the district court on April 26, 2022.
Under the circumstances, relator' s writ application is denied as
moot as any supervisory review sought from this court should
concern the April 26, 2022 amended judgment. Additionally, in
order for relator to timely seek review, a notice of intent must
be filed with the district court within thirty days of the date
of notice of that amended judgment. See Uniform Rules of
Louisiana Courts of Appeal, Rules 4- 2 & 4- 3.
PMC
JEW
Theriot, J., dissents and would consider the merits of the
writ application.
COURT OF APPEAL, FIRST CIRCUIT
1 S 2 (-
DEPUTY
S
CLERK OF COURT
FOR THE COURT