Esplanade, L.L.C. VS Advantage Realty, Inc., Ling Lui Zheng, and ABC Insurance Company
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT ESPLANADE, LLC 2017 NO. VERSUS PAGE ADVANTAGE REALTY, INC., LUI AND INSURANCE ZHENG ABC Re: Advantage for BEFORE: NOT Writ Neither the attached Rules in civil notice 1914. writ as The Rules of not in of the provide Appeal Courts 30 Code that were Uniform the the return date Procedure judgment however, 4 - 3, from Civil of order Rule days that filed Appeal. of date provides exceed proof timely was return interlocutory an to 2017, Furthermore, Louisiana to fail Louisiana of applying District Court, JJ. 17, nor shall rendition 2 635, 672. No. April Courts cases OF Zheng, Judicial WELCH, application. provided constitutes on intent of Louisiana of date Uniform the Rouge, AND Lui Ling and 19th Applicants filed notice to Baton CONSIDERED. 4 - 3, Inc. writs, MCCLENDON, Application Rule under East MCDONALD, WRIT the of l JUL 102017 Realty, supervisory Parish 0531 LING COMPANY In CW in open of art. court interlocutory judgment must be reduced to writing if the court so orders, if a party days matter the and in open that court judgment trial to P. writing the 2016. The the evidence La. of of whether art. 1914( B) date order, are a of in the and also judgment of 4- 5( Rule 1914( B) art. of without failed Courts the notice court one of the Without are met. of provisions C)( at 8), issue La. Code of intent Civ. and the writ of include to Applicants did Applicants in 4 - 5, Rule with comply Appeal. Uniform Rules failed also to of the petition nor summary Applicants P. ruling open P. return the writ application cannot be considered timely. Louisiana copy of Civ. any met Applicants Rules Code 2016 interlocutory constitutes notice of the interlocutory ruling unless provisions writ 20, with ruling the B) . and ( December on ten takes 1914( A) art. the within court included was issued 5, such if or issued court December on reduced Civ. judgment the the be court, Code La. signed but application, to open advisement. written parties; in rendition under indicates all judgment the requests of The notice did include Louisiana of in Courts any include the motion application copies Uniform not for violation of Appeal. memorandums in support or opposition to the motion for summary judgment nor did Applicants provide a statement that no opposing written document was filed Uniform in Rules court , to with the the trial examine the pleadings in court Louisiana of trial violation Courts court' of s by reviewed ruling, the Rule of Appeal. it In must trial 4- 5( order be court. C) ( for 8), this presented Further, Applicants did not include in the writ application a copy of the pertinent order Rules in of court clear minutes or violation Louisiana Courts the of notice Rule of Appeal. of 4- 5( C)( intent 10) and and ( return 11) , date Uniform STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT 2017 CW PAGE Supplementation application of for Louisiana In this the event it of Appeal, Applicants must writ Rules seek contain documentation including this rehearing will not be Courts court, of to considered. 4- 9 to all show application and file a 2 OF and / or Uniform 2 an Rules 2 - 18. 7. new pertinent that 0531 the application with documentation, original writ and timely and the missing items noted above, 2 - 12. 2 of the Uniform Rules of Louisiana comply with Rules of Courts Appeal. Any new application must be filed on or application was must before July 24, 2017 and must contain a copy of this ruling. MAM PMc JEW COURT OF APPEAL, DEPUTY FOR CLERK THE FIRST OF CIRCUIT COURT COURT
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