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148 So. 2d 313

In re Berry

Louisiana Court of Appeal

Decided December 18, 1962

Louisiana Court of Appeal · decided 1962-12-18

Cited by 2 later decisions — most recently July 1969

1 federal appellate ·

Relies on Wanless v. Louisiana Real Estate Board · Jones v. United States Fidelity & Guaranty Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1962-12-18

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¶1On Application for Rehearing.

¶2En Banc.

PER CURIAM.

¶3Applications for rehearing must be filed by delivery into the actual custody of this court on or before the fourteenth calendar day after, but not including, the date that counsel receives the notice of judgment by mail or in person. Rule XI, Section 1, Uniform Rules of the Courts of Appeal (1961), Volume 8, LSA-R.S.; Wanless v. Louisiana Real Estate Board, La., 147 So. 2d 395; Jones v. United States Fidelity and Guaranty Co., La.App. 3 Cir., 148 So.2d 309, ruling on application for rehearing rendered this same date.

¶4Our judgment herein was rendered on December 18, 1962. A return receipt shows that counsel for the appellants received the notice of judgment mailed to him on December 19, 1962, the following day. The fourteenth calendar day thereafter was January 2, 1963, so the application was required to be filed by actual delivery into the custody of this court by that date.

¶5Counsel for appellants mailed his application for rehearing herein from Many, Louisiana on Friday, January 4, 1963. The application was received and filed by this court three days later, Monday, January 7, 1963, which was the nineteenth day after counsel received notice of our judgment. The application for rehearing is therefore not timely filed and will not be considered by this court.

¶6For the foregoing reasons, the instant application for rehearing cannot be considered by this court.

¶7Application not considered.

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