In the Matter of The Successions of John Kermit Haynes and Grace Haynes

Louisiana Court of Appeal

In the Matter of The Successions of John Kermit Haynes and Grace Haynes

DecidedJuly 28, 2025

Docket2025 CW 0497

StatusUnknown

This text of 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) 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.

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In the Matter of The Successions of John Kermit Haynes and Grace Haynes, (La. Ct. App. 2025).

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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.

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wiL SMM

COURT OF APPEAL, FIRST CIRCUIT

FOR THE COURT

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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

wiL SMM

COURT OF APPEAL, FIRST CIRCUIT

FOR THE COURT

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