Melissa Danielle Sinclair v. Seth D. Sinclair

• Court: Louisiana Court of Appeal
• Decided: July 30, 2021
• Docket: 2021CW0655
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

MELISSA DANIELLE SINCLAIR NO. 2021 CW 0655

VERSUS

SETH D. SINCLAIR JULY 30, 2021

In Re: Seth D. Sinclair, applying for supervisory writs,

Family Court in and for the Parish of East Baton Rouge, No. 210952.

BEFORE: THERIOT, HOLDRIDGE, AND HESTER, JJ.

WRIT NOT CONSIDERED. This writ application is untimely. Relator' s notice of intent was filed on May 6, 2021, more than

thirty days after the trial court signed a judgment on January 6, 2021 denying relator' s motion to homologate and granting plaintiff' s motion for partial judgment on the pleadings.

Although relator filed a motion for new trial following entry of the January 6, 2021 interlocutory judgment, a motion for new

trial pertains only to final judgments and was procedurally improper. Most significantly, the filing of a motion for new

trial seeking interlocutory reconsideration judgment of an

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. Finally, we note that relator does not seek review of the denial of the motion for new trial. Carter v. Rhea, 2001- 0234 ( La. App. 4th Cir. 4/ 25/ 01), 785 So. 2d 1022, 1025.

MRT GH CHH

DEPUTY LERK OF COURT FOR THE COURT