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MATTHEW SIMS v. OFFICE OF EMPLOYMENT SECURITY AND CITY OF MONROE
A “shell” application is not a writ application. The content requirements for a writ application are set forth in Louisiana Supreme Court Rule X, Sections 3 and 4. Applicant's initial filing did not comply with these requirements. It was simply a request to extend the deadline for filing a proper writ application. The application was required to be filed within thirty days of the mailing of the notice of the original judgment of the court of appeal, and “[n]o extension of time therefor will be granted.” Louisiana Supreme Court Rule X, Section 5(a)(1). Because the shell is not an application and the rule does not allow for the deadline to be extended, the writ should not be considered. Since the effect of the denial here is the same, I concur.
Crain, J., concurs with reasons.
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Docket No: No. 2023-C-01438
Decided: January 10, 2024
Court: Supreme Court of Louisiana.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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