NESTOR LLC v. LABRANCHE (2021)

WRIT GRANTED FOR A LIMITED PURPOSE

Jamie Labranche, the relator, seeks a writ of mandamus to compel the district court to act upon his notice of intent to seek a supervisory writ filed on February 8, 2021. However, the application is deficient under Uniform Rules, Courts of Appeal, Rule 4-5, in that there are no copies of the judgment, order, or ruling complained of, or the pertinent court minutes from the November 13, 2020 hearing, or the pleading on which the writ application was based. Relator also failed to include a complete copy of his “Notice of Intent to Seek Supervisory Writ.”

Every pleading is to be construed so as to do substantial justice. La. C.C.P. art. 865. This Court previously dismissed the relator's appeal and remanded this case for the trial court to rule on the relator's May 29, 2018 motion to annul the reformed judgment. Liquidation Properties, Inc. v. Labanche, 19-277 (La. App. 5 Cir. 11/27/19), 283 So.3d 659. Therefore, if there are currently outstanding motions or an unsigned order setting the delay for filing a writ application related to the November 13, 2020 hearing, the trial court is ordered to act upon the motion(s) and/or set appropriate delays for seeking a supervisory writ within fifteen days and to provide documentation to this Court. In all other respects, the relator's writ is denied.

Gretna, Louisiana, this 22nd day of March, 2021.