Lakeview Loan Servicing, LLC v. Harrison Truehill a_k_a Harrison A. Truehill

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

LAKEVIEW LOAN SERVICING, LLC NO. 2026 CW 1050
VERSUS
HARRISON TRUEHILL A/K/A AUGUST 20, 2026

HARRISON A. TRUEHILL

In Re: Harrison Truehill, applying for supervisory writs, 23rd
Judicial District Court, Parish of Ascension, No.
142803.

BEFORE : McCLENDON, C.J., HESTER AND MILLER, JJ.

WRIT DENIED AS MOOT. The sheriff’s sale of the property at
issue herein took place prior to the filing of the writ
application. See La. Code Civ. P. art. 2642, comment (c).

PMc
CHE

Miller, J., would not consider the writ. This writ application
is untimely. Rule 4-3 of the Uniform Rules of Louisiana Courts of
Appeal provides that a writ application shall be filed in the Court
of Appeal within the return date set by the trial court, unless
extended upon proper application for such. An application not filed
within the time so fixed or extended shall not be considered, in
the absence of a showing that the delay in filing was not due to
the applicant’s fault. In this case, the notice of intent was
timely filed by relator on August 6, 2026. The trial court signed
the return date order that same day and set the return date for
August 10, 2026. This court notes that relator, in his notice of
intent, requested an “expedited return date” of August 7, 2026,
which was “necessary because the sheriff’s sale of the immovable
property and home at issue in this executory proceeding is
presently scheduled for August 12, 2026”. Nevertheless, the writ
application was filed on August 13, 2026 at 4:26 p.m. Although
relator argues he was unaware of the signing of the return date
order until August 10, which was the return date, he was aware the
sheriff’s sale was scheduled on August 12 and he requested an
earlier return date of August 7, 2026.

oN OF APPEAL, FIRST CIRCUIT

{ FOR THE COURT