In re the Succession of Demicelli

Supreme Court of Louisiana

In re the Succession of Demicelli

701 So. 2d 1346, 1997 La. LEXIS 3300, 1997 WL 659519

Supreme Court of Louisiana·Decided October 17, 1997·No. No. 97-CC-1831·Published

Opinion

In re Cupit, Michael B.; — Other(s); applying for writ of certiorari and/or review, supervisory and/or remedial writ; Parish of East Baton Rouge, 19th Judicial District Court, Div. “A”, No. 59,568; to the Court of Appeal, First Circuit, No. CW97 1072.

Granted. The court of appeal should have treated relator’s application for supervisory writs from the final appealable judgment as a timely appeal. See Armstrong v. Stein, 94-0097 (La. 3/18/94), 634 So.2d 845. Accordingly, the matter is remanded to the court of appeal for docketing as an appeal.

KIMBALL, J., not on panel.

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In re Cupit, Michael B.; — Other(s); applying for writ of certiorari and/or review, supervisory and/or remedial writ; Parish of East Baton Rouge, 19th Judicial District Court, Div. “A”, No. 59,568; to the Court of Appeal, First Circuit, No. CW97 1072.

Granted. The court of appeal should have treated relator’s application for supervisory writs from the final appealable judgment as a timely appeal. See Armstrong v. Stein, 94-0097 (La. 3/18/94), 634 So.2d 845. Accordingly, the matter is remanded to the court of appeal for docketing as an appeal.

KIMBALL, J., not on panel.

In re the Succession of Demicelli, 701 So. 2d 1346, 1997 La. LEXIS 3300, 1997 WL 659519 (La. 1997).

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Opinion

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