Darrell Berry and Constance Lafayette v. Wells Fargo Bank, NA; Mortgage Electronic Registration system, Inc.
Darrell Berry and Constance Lafayette v. Wells Fargo Bank, NA; Mortgage Electronic Registration system, Inc., No. 2024CW0833 (La. Ct. App. 1st Cir. Nov. 4, 2024).
Opinion text
WELLS FARGO BANK, N. A. NO. 2024 CW 0833
VERSUS
PAGE 1 OF 2
DARRELL KENDRICK BERRY AND
CONSTANCE LAFAYETTE BERRY
MR]
DARRELL BERRY AND CONSTANCE
LAFAYETTE
VERSUS
WELLS FARGO BANK, NA,
MORTGAGE ELECTRONIC
REGISTRATION SYSTEM ( MFRS),
LSF10 MORTGAGE HOLDINGS,
LLC, DEAN MORRIS, L. L. C.,
CANDANCE A. COURTEAU,
SPECIALIZED LOAN SERVICING,
LLC ( SLS), U. S. BANK TRUST
NATIONAL ASSOCIATION AS
TRUSTEE FOR LSF10 MASTER NOMABER 4, 2024
PARTICIPATION TRUST, FAY
SERVICING, LLC, CALIBER HOME
LOANS, INC.,DOES I THROUGH
100 INCLUSIVE, ET AL
In Re: Darrell Berry and Constance Lafayette, applying for
supervisory writs, 19th Judicial District Court, Parish
of East Baton Rouge, Nos. 656991 and 724405.
BEFORE: MCCLENDON, WELCH, AND LANIER, JJ.
WRIT NOT CONSIDERED. Relators have improperly requested
supervisory review of multiple orders in multiple district court
docket numbers in a single writ application. Although there is no
explicit statutory prohibition against challenging multiple orders
in a single writ application, the Uniform Rules of Louisiana Courts
of Appeal, Rules 4- 2 and 4- 5( C) refer only to the " ruling . . . at
issue" and the " ruling complained of." Therefore, we decline to
consider multiple judgments in a single writ application. See
Succession of Burgo, 2019- 0612 ( La. 1st Cir.
App. 8/ 5/ 19), 2019 WL
3574213 ( unpublished).
Moreover, the writ application failed to include the
affidavit required by Rule 4- 5( A) of the Uniform Rules of Louisiana
Courts of Appeal.
This court cannot ascertain the timeliness of the writ
application as to docket no. 656991, as the order for extension of
the return date from this court was issued in docket no. 724405,
and the writ application does not
contain an order extending the
return date in docket no. 656991.
NO. 2024 CW 0833
PAGE 2 OF 2
Supplementation of this writ application and/ or an
application for rehearing will not be considered. Uniform Rules
of Louisiana Courts of Appeal, Rules 2- 18. 7 and 4- 9.
In the event relators seek to file new applications with this
court,
such applications must contain all pertinent documentation,
including documentation to show the timeliness of the original
writ application,
and must comply with Rule 2- 12. 2, Uniform Rules
of Louisiana Courts of Appeal. Any new applications must be filed
on or before December 4, 2024, and must contain a
copy of this
ruling.
PMC
JEW
WIL
COURT OF APPEAL, FIRST CIRCUIT
TY CLERK OF COURT
FOR THE COURT