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13 So. 2d 81

Tate v. Tate

Louisiana Court of Appeal

Decided April 20, 1943

Louisiana Court of Appeal · decided 1943-04-20

Cited by 1 later decisions — most recently April 1945

1 state decisions

Relies on Breaux v. Consolidated Companies

Good law ✅— No negative treatment on recordhow we know

Decided 1943-04-20

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¶1As appears from the registry mail card receipt signed by the person acting as agent for the Attorney of record in this case, notice of judgment, together with a copy thereof, was received on March 25th 1943.

¶2The application for rehearing was not received and filed by the Clerk of this Court until April 9, 1943, or the fifteenth day following receipt of said notice.

¶3By the provisions of Act No. 16 of 1910, judgments rendered by this Court become final and executory on the fifteenth calendar day after rendition. See also Sec 24, Art. 7, of the Constitution of 1921.

¶4Excluding the day on which notice was received, fourteen days intervened before the application for rehearing was filed. In other words, it was filed on the fifteenth day after notice, or on the day on which the judgment became final and executory. See Tyson v. Baker et al., La.App., 12 So.2d 468, decided March 24th 1943.

¶5It was therefore filed too late and cannot be considered.

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