Baker v. SUMMIT NURSING HOME

Louisiana Court of Appeal

Baker v. SUMMIT NURSING HOME

19 So. 3d 640, 9 La.App. 3 Cir. 1007, 2009 La. App. LEXIS 1713, 2009 WL 3189196

CourtLouisiana Court of Appeal

DecidedOctober 7, 2009

Docket09-1007

StatusPublished

This text of 19 So. 3d 640 (Baker v. SUMMIT NURSING HOME) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baker v. SUMMIT NURSING HOME, 19 So. 3d 640, 9 La.App. 3 Cir. 1007, 2009 La. App. LEXIS 1713, 2009 WL 3189196 (La. Ct. App. 2009).

Pincite

Opinion

AMY, Judge.

The Defendant-Appellee, Summit Nursing Home, moves to dismiss this appeal as having been abandoned. For the reasons given herein, we deny the motion to dismiss.

By judgment signed June 22, 2009, the trial court dismissed the workers’ compensation action which Appellant, Lechia Baker, had filed against Appellee. Appellant’s claim was dismissed subject to reinstatement within thirty days for good cause shown. Appellant did not seek to have her claim reinstated. Instead, Appellant filed an appeal which was lodged with this court on August 20, 2009.

At this time, Appellee has filed a motion to dismiss the appeal on the ground that Appellant failed to timely file her appellate brief with this court. Appellant’s brief was not filed within twenty-five days as required by Uniform Rules — Courts of Appeal, Rule 2-12.7. However, pursuant to Uniform Rules — Courts of Appeal, Rule 2-8.6, on September 18, 2009, this court mailed Appellant notice that she has an additional thirty days within which to file her brief. Pursuant to this notice, Appellant’s brief is now due on October 19, 2009. As such, we find that Appellee’s motion to dismiss, filed on September 18, 2009, is premature. Therefore, we hereby deny Appellee’s motion to dismiss.

MOTION TO DISMISS APPEAL DENIED.

Free access — add to your briefcase to read the full text and ask questions with AI

AMY, Judge.

The Defendant-Appellee, Summit Nursing Home, moves to dismiss this appeal as having been abandoned. For the reasons given herein, we deny the motion to dismiss.

By judgment signed June 22, 2009, the trial court dismissed the workers’ compensation action which Appellant, Lechia Baker, had filed against Appellee. Appellant’s claim was dismissed subject to reinstatement within thirty days for good cause shown. Appellant did not seek to have her claim reinstated. Instead, Appellant filed an appeal which was lodged with this court on August 20, 2009.

At this time, Appellee has filed a motion to dismiss the appeal on the ground that Appellant failed to timely file her appellate brief with this court. Appellant’s brief was not filed within twenty-five days as required by Uniform Rules — Courts of Appeal, Rule 2-12.7. However, pursuant to Uniform Rules — Courts of Appeal, Rule 2-8.6, on September 18, 2009, this court mailed Appellant notice that she has an additional thirty days within which to file her brief. Pursuant to this notice, Appellant’s brief is now due on October 19, 2009. As such, we find that Appellee’s motion to dismiss, filed on September 18, 2009, is premature. Therefore, we hereby deny Appellee’s motion to dismiss.

MOTION TO DISMISS APPEAL DENIED.

Cite This Page — Counsel Stack

Bluebook (online)

19 So. 3d 640, 9 La.App. 3 Cir. 1007, 2009 La. App. LEXIS 1713, 2009 WL 3189196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-summit-nursing-home-lactapp-2009.

Opinion

Related

Cite This Page — Counsel Stack