In the Matter of The Successions of John Kermit Haynes and Grace Haynes
In the Matter of The Successions of John Kermit Haynes and Grace Haynes, No. 2025 CW 0497 (La. Ct. App. 1st Cir. July 28, 2025).
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- Carter v. Rhea 785 So. 2d 1022
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
IN RE JOINT SUCCESSION OF NO. 2025 CW 0497
JOHN KERMIT HAYNES AND GRACE
ROSS HAYNES
JULY 28, 2025
In Re: Billy A. Haynes, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge, No.
66,981.
BEFORE : THERIOT, LANIER, AND MILLER, JJ.
WRIT NOT CONSIDERED IN PART AND DENIED IN PART. As to the
judgment denying the Motion for DNA Testing and granting the
exception of peremption, this writ application is untimely.
Relator’s notice of intent was filed on May 21, 2025, more than
thirty days after notice was issued of the district court’s
judgment signed on January 15, 2025. Although relator filed a
motion for new trial from the January 15, 2025 judgment, that
ruling was interlocutory, and a motion for new trial pertains only
to final judgments and was procedurally improper. Moreover, the
filing of a motion for new trial seeking reconsideration of an
interlocutory ruling 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. See Carter
v. Rhea, 2001-0234 (La. App. 4th Cir. 4/25/01), 785 So.2d 1022,
1025, As to the judgment denying relator’s motion for partial
summary judgment, the writ is denied.
MRT
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SMM