Simpson ex rel. Childrenv.Great Divide Ins. Co.

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUITNov 4, 2015
NO. 2015 CW 0975 (La. Ct. App. Nov. 4, 2015)

NO. 2015 CW 0975

11-04-2015

KASSLER O. SIMPSON, SR. AND DEEDRIA SIMPSON, INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILDREN, KASSIDY SIMPSON, CALEB SIMPSON, LIROY CHARLES, CAITLIN CHARLES AND SHADARRAME SIMPSON v. GREAT DIVIDE INSURANCE COMPANY, SPRINT TRANSPORTATION, LLC AND/OR SPRINT LOGISTICS, LP, ARMANDO A. GARCIA, COREY D. FOLEY, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, MICHAEL T. PERSING, JR. AND ALLSTATE INSURANCE COMPANY


In Re: Estes Express Lines Corporation and Michael W. Paley, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 619682. BEFORE: WHIPPLE, C.J., WELCH AND DRAKE, JJ.

WRIT NOT CONSIDERED. As the party filing the writ application, relators bear the burden of establishing the timeliness of their writ application. Relators have failed to provide our Court with the documentation necessary to satisfy that burden. Rules 4-2 and 4-3, Uniform Rules of Louisiana Courts of Appeal, require that the notice of intent be filed within 30 days of the date of notice, as provided in La. Code Civ. P. art. 1914. By failing to provide this Court with a hard copy of a timely file-stamped copy of the notice of intent, the Court is unable to determine whether the notice was timely filed. Moreover, relators have failed to provide the court with a pertinent minute entry and/or the transcript from the April 27, 2015 hearing. Thus, relators have failed to provide our Court with the documents necessary to ascertain the Article 1914 date of notice.

The failure to provide a copy of the pertinent court minutes is a violation of Rule 4-5(C)(10), Uniform Rules of Louisiana Courts of Appeal.

Supplementation of this writ application and/or an application for rehearing will not be considered. Rules 4-9 and 2-18.7, Uniform Rules of Louisiana Courts of Appeal.

In the event relators seek to file a new application with this Court, it must contain all pertinent documentation, including documentation to show the original writ application was timely filed, and it must comply with Rule 2-12.2, Uniform Rules of Louisiana Courts of Appeal. Any new application must be filed on or before November 19, 2015, and must contain a copy of this ruling.

EGD

VGW

JEW

COURT OF APPEAL, FIRST CIRCUIT /s/_________


DEPUTY CLERK OF COURT


FOR THE COURT