Morvant v. State Farm Mutual Automobile Insurance Co.

Supreme Court of Louisiana

Morvant v. State Farm Mutual Automobile Insurance Co.

38 So. 3d 360, 2010 La. LEXIS 1565

Supreme Court of Louisiana·Decided June 25, 2010·No. No. 2010-CC-1170·Published

Opinion

In re Lamb, Karen; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. A, No. 2008-4158; to the Court of Appeal, Third Circuit, No. CW 10-00043.

Granted. Because relator’s application to the court of appeal was filed within the deadline as extended by the trial court, the court of appeal erred in declining to consider the application. See Barnard v. Barnard, 96-0859 (La.6/24/96), 675 So.2d 734. Accordingly, the ruling of the court of appeal is vacated and set aside, and the application is remanded to the court of appeal for consideration on the merits.

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In re Lamb, Karen; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. A, No. 2008-4158; to the Court of Appeal, Third Circuit, No. CW 10-00043.

Granted. Because relator’s application to the court of appeal was filed within the deadline as extended by the trial court, the court of appeal erred in declining to consider the application. See Barnard v. Barnard, 96-0859 (La.6/24/96), 675 So.2d 734. Accordingly, the ruling of the court of appeal is vacated and set aside, and the application is remanded to the court of appeal for consideration on the merits.

Morvant v. State Farm Mutual Automobile Insurance Co., 38 So. 3d 360, 2010 La. LEXIS 1565 (La. 2010).

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