¶1In re Millet, David; — Defendant; Applying for Writ of Certiorari and/or Review; Parish of St. John Baptist 40th Judicial District Court Div. “C” No. 33,045; to the Court of Appeal, Fifth Circuit, No. 97-CA-0454.
¶2Granted. Judgment of the court of appeal is vacated and set aside. The case is *187remanded to the court of appeal for reconsideration based on defendant’s allegation that he timely filed an answer to the appeal.