¶1IN RE: Artis, Teresa M. Becker; —Plaintiff(s); Applying for Supervisory and/or Remedial Writs; to the Court of Appeal, Third Circuit, Number CW92-0819; Parish of Rapides 9th Judicial District Court Div. “D” Number 152,583.
¶2Granted. Case remanded to the court of appeal to review the case on the merits in an expedited manner. The request for a stay order is denied.
¶3concurs in part and dissents in part with the suggested disposition.
¶4I agree with the order directing an expedited hearing in the Court of Appeal. However, I dissent from the denial of the requested stay order. I believe that Bergeron v. Bergeron, 492 So.2d 1193 (La.1986) would probably dictate a reversal of the district court’s judgment removing custody from the applicant. The sole assignment of error to this Court is meritorious in my view. This Court has consistently held that a writ of certiorari or review will not be recalled for the applicant’s prior *1011failure to comply with the court rules. See Wischer v. Madison Realty Co., 242 La. 334, 136 So.2d 62 (1961); Britt v. Merritt, 219 La. 333, 53 So.2d 121 (1951); Davies v. Consolidated Underwriters, 199 La. 459, 6 So.2d 351 (1942).