THE COUNCIL OF THE CITY OF NEW ORLEANS v. EDWARD WISNER DONATION ET AL (2024)

Finding the writ application untimely pursuant to Supreme Court Rule X, § 5, I must respectfully dissent.

The court of appeal denied the Council's writ application on June 15, 2023, and rehearing was denied on October 26, 2023. The Council's writ application was filed in this court on November 22, 2023. Supreme Court Rule X, § 5(a) provides that an application filed in this court may be taken within 30 days of the denial of an application for rehearing in the court of appeal “in those instances where a rehearing is allowed.” A rehearing from a writ denial is not allowed. See Rule 2-18.7, Uniform Rules–Court of Appeal. Thus, the date of the court of appeal's denial of rehearing in this case is irrelevant to determine whether the Council's writ application was timely filed. Although the Council filed its application in this court within thirty days of the court of appeal's action on rehearing, it was filed more than thirty days from the June 15, 2023 writ denial and is therefore untimely. See also State v. Crandell, 05-1060, p. 3 (La. 3/10/06), 924 So.2d 122, 125 (“Defendant's writ application in this court was filed ․ more than thirty days after the court of appeal's denial of his application. Although defendant's application in this court was filed within thirty days of the court of appeal's denial of rehearing, the application was untimely filed because a rehearing of the court of appeal's writ denial was not allowed. Accordingly, the delay for seeking review by this court began to run from the mailing of the notice of the court of appeal's writ denial, not from its denial of rehearing.”)

WEIMER, C.J., dissenting