Shelly Sebastian v. Louisiana State Police Retirement System, Kim Gann and Irving Felps

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

SHELLY SEBASTIAN NO. 2022 CW 0319 VERSUS LOUISIANA STATE POLICE JUNE 6, 2022

RETIREMENT SYSTEM, KIM GANN, AND IRVING FELPS

In Re: Shelly Sabastian, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 697,794.

BEFORE : McCLENDON, WELCH, AND THERIOT, JJ.

WRIT NOT CONSIDERED. Rule 4-3 of the Uniform Rules of Louisiana Courts of Appeal provides that a court may grant an extension of a return date upon the filing of a motion for extension filed within the original or extended return date period. A trial court cannot extend the time for filing under Rule 4-3 of the Uniform Rules of the Louisiana Courts of Appeal after it has expired. Ross v. City of New Orleans, 96-1853 (La. App. 4th Cir. 9/13/96), 694 So.2d 973, 974. Here, the motion and order for extension of the return date filed on November 19, 2021 was not filed before the original return date had expired. Thus, the writ application filed by Shelly Sebastian on March 28, 2022 is untimely.

Supplementation of this writ application and/or an application for rehearing will not be considered. Rules 2-18.7 & 4-9, Uniform Rules of Louisiana Courts of Appeal.

PMc

JEW MRT

COURT OF APPEAL, FIRST CIRCUIT

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DEPUTY CLERK OF COURT FOR THE COURT