Calvin J. Hill, Individually and as the Executor of the Succession of Elnora Johnson Hill VS TMR Exploration, Inc., Park Exploration, Inc. and Vitol Resources, Inc.
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT CALVIN J. HILL, AND AS THE INDIVIDUALLY EXECUTOR SUCCESSION OF OF ELNORA 2016 NO. CW 1155 THE JOHNSON HILL VERSUS TMR EXPLORATION, EXPLORATION, RESOURCES, In INC., PARK AND VITOL INC. Re: Vitol Resources, Inc., BEFORE: NOT Resources of timeliness this their court was due not documentation the time the Applicants 41245. the filing Inc. Applicants Rules writ Vitol and fixed so of a this provided or extended that in shall not the the of the delay According to Court, to satisfy Courts filed not fault. s failed to Louisiana showing applicant' have necessary of application absence to Judicial No. JJ. documentation writ the Rouge, bore the burden of establishing the Uniform within Exploration, 18th writs, parties application. a TMR Exploration, the that and Baton CHUTZ, the 4 - 3, in considered, filing As Inc., West AND with Rule provides appellate of TMR writ Court burden. Appeal, be Delaware, Delaware supervisory THERIOT CONSIDERED. of of Parish Applicants, application, that Court, HIGGINBOTHAM, WRIT Inc. for applying District provide DEC 01 2016 INC. trial in the court initially gave Applicants until May 31, 2016 to file their writ This return date was extended by the trial court to application. June the 30, 2016 after a timely request was made by Applicants, trial court 30, July provided However, this with no even Court Thus, this did delay Court return file not September until the the extended Applicants that evidence fault. their may 2016. application have in will 2, filing not date was consider until their 2016 writ have and not and due this to writ application. Furthermore, Uniform failed was any to Rules to of writ a copy Courts of of each the and attachments trial court' s Rule 4- 5( C) ( in that Applicants Appeal, pleading including the petitions, oppositions violated application Louisiana provide founded, examine the the thereto. which applicable In order must be it ruling, on for 8), the ruling motion, and this Court presented with the pleadings reviewed by the trial court. Supplementation application of of this for rehearing will Louisiana Courts of Appeal, writ not be Rules TMR MRT WRC COURT D OF APPEAL, PUTY FOR FIRST CLERK OF THE CIRCUIT COURT COURT application considered. 4- 9 and 2 - 18. 7. and / or Uniform an Rules
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