Rodney Hamilton v. M. Sergeant Tedrick Knox and State of Louisiana through Louisiana Department of Public Safety and Corrections Louisiana Penitentiary

• Court: Louisiana Court of Appeal
• Decided: March 13, 2023
• Docket: 2022CW1325
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, Fl~ST CIRCUIT

RODNEY HAMILTON NO. 2022 CW 1325

VERSUS

M. SERGEANT TEDRICK KNOX; AND STATE OF LOUISIANA THROUGH LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND MARCH 13, 2023 CORRECTIONS LOUISIANA STATE PENITENTIARY

In Re: Rodney Hamilton, applying for supervisory writs, 20th Judicial District Court, Parish of West Feliciana, No. 24183.

BEFORE: THERIOT, CHUTZ, AND HESTER, JJ1. I

WRIT NOT CONSIDERED. This writ l::lPPlication is untimely. Relator's notice of intent was filed on November 14, 2022, more than thirty days after the district court signed a judgment granting the defendants' exception of nonjoinder, and notice of judgment was mailed on October 6, 202'2. Although plaintiffs filed a motion for a new trial following the district court's grant of the exception, that ruling was interlocutory, and a motion for new trial pertains only to , final judgments and was procedurally improper. Most significamtly, the filing of a motion for new trial seeking reconsider~tion of an interlocutory ruling cannot interrupt the thirty-day period for filing an application for supervisory writs establ~shed 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.

MRT WRC CHH

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT