Opinion
2022-C-01715
02-07-2023
ZACH BELLARD v. ATK CONSTRUCTION, LLC, ET AL.
IN RE: Doug Ashy Building Materials, Inc. - Applicant Defendant; Applying For Writ Of Certiorari, Parish of Lafayette, 15th Judicial District Court Number(s) 2019-2438, Court of Appeal, Third Circuit, Number(s) 22-306;
Writ application granted - see briefing notice and Order.
JLW
JDH
SJC
JTG
WJC
JBM
PDG
CHIEF JUSTICE JOHN L WEIMER JUSTICES WILLIAM J CRAIN SCOTT J. CRICHTON JAMES T. GENOVESE JAY 8, MCCALLUI\.,I JEFFERSON D HUGHES III PIPER D GRIFFIN
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED February 07, 2023
MEMORANDUM TO COUNSEL IN CAPTIONED CASE:
Please be advised that the above-captioned matter will be set for oral argument on this Court's next available docket. A copy of the official docket with the specific date and time of oral argument will be mailed out.
Please note Section 8 of Rule VII of the Rules of this Court provides that the applicant or relator, as the case may be, must file their briefs on or before March 6, 2023; and the respondent on or before March 24, 2023.
Oral argument will be waived if brief is untimely filed. Briefs submitted on legal sized paper should be fastened at the top. All briefs should be backed with the customary "Blueback" or other flexible material. In criminal proceedings, the court directs that counsel must file a brief. Failure to do so may subject counsel to a penalty of contempt of Court.
It is further provided in Rule VII, Section 9 that briefs sent through the mail shall be deemed timely filed if mailed on or before the due date. If the brief is received by mail on the first legal day following the expiration of the delay, there shall be a rebuttable presumption that it was timely filed. In all cases where the presumption does not apply, the timeliness of the mailing shall be shown only by an official United States postmark or by official receipt or certificate from the United States Postal Service, or bona fide commercial mail services such as Federal Express or United Parcel Service, made at the time of mailing which indicates the date thereof. Any other date stamp, such as a private commercial mail meter stamp, or label from an Automated Postal Center, shall not be used to establish timeliness.
Briefs forwarded by private delivery or courier service shall be deemed timely filed only if received by the clerk on or before the last day of the delay for filing.
With kindest regards, I remain.
Very truly yours, Ryan Chan, Deputy Clerk
On Writ of Certiorari and or Review Fifteenth Judicial District Court, Parish of Lafayette, No. 2019-2438; Court of Appeal, Third Circuit, No. 22-306.
And, whereas, the Court has this date, pursuant to Article 5, Section 5, of the Constitution of Louisiana, made and issued the following order, to wit- "It is ordered that the writ of review issue; that the District Court and the Court of Appeal send up the record in Duplicate of the case; and that counsel for all pa1iies be notified."
Now, therefore, the said District Court and the Court of Appeal is hereby commanded, in the name of the State of Louisiana and of this Honorable Court, to send up forthwith to this Cou1i, in accordance with Supreme Court Rule I, at the City of New Orleans, the record in duplicate of the above-entitled case.
Witness the Honorable Justices of the Supreme Court of the State of Louisiana, on this 7th day of February, in the year of our Lord, Two Thousand Twenty-Three.
Veronica O. Koclanes, Clerk of Court