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787 So. 2d 276

Docket No. 2001-CC-0345.

Yfb v. Rdr

Y.F.B., v. R.D.R.

Supreme Court of Louisiana

Decided April 12, 2001.

Supreme Court of Louisiana · decided 2001-04-12

Cited by 5 later decisions — most recently June 2008

5 state decisions

Key passage — most relied on by later courts

“in those instances where a rehearing is allowed”

quoted by 1 later decision, including 983 So. 2d 1259 - Kaem v. Jmc

Good law ✅— No negative treatment on recordhow we know

Decided 2001-04-12

View the full empirical analysis of this case →

¶1PER CURIAM.

¶2The application for reconsideration is denied. Relator's original writ application in this court was filed on February 6, 2001, sixty-two days after the court of appeal denied his writ application on December 6, 2000 and well outside of the thirty day period mandated by Supreme Court Rule X, § 5. Although relator's application in this court was filed within thirty days from the court of appeal's denial of rehearing, Supreme Court Rule X, § 5(a) extends the thirty day period for taking writs to this court only "in those instances where a rehearing is allowed" in the court of appeal. Uniform Court of Appeal Rules 4-9 and 2-18.7 do not provide for a rehearing from a denial of an application for supervisory writs.[1] Accordingly, the delay for taking writs to this court ran from the court of appeal's original writ denial, not its denial of rehearing.

NOTES

¶3[1] We recognize the court of appeal's writ denial in this case was done with an opinion; however, the court's decree makes it clear that its ultimate holding was to deny the application for supervisory writs.

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