BLANCHARD v. BLANCHARD (2019)

The court of appeal granted relator's writ application in part and denied it in part on March 23, 2019. Relator filed an application for rehearing from that portion of the court of appeal's judgment denying her writ. The court of appeal denied rehearing on April 16, 2019. Relator's application to this court was filed on May 15, 2019, which was within thirty days of the April 16, 2019 denial of rehearing but more than thirty days from the court of appeal's original March 23, 2019 disposition.

The rules of the courts of appeal do not provide for a rehearing from a denial of an application for supervisory writs. See Rule 2-18.7 of the Uniform Rules of the Courts of Appeal; see also Y.F.B. v. R.D.R., 01-0345 (La. 4/12/01), 787 So.2d 276; Morris v. Stueben, 01-0137 (La. 1/26/01), 781 So.2d 1220. Consequently, the thirty-day period for taking writs to this court provided by Supreme Court Rule X, § 5(a) was not extended by relator's application for rehearing of that portion of her application which was denied by the court of appeal. See State v. Crandell, 05-1060 (La. 3/10/06), 924 So.2d 122.

Accordingly, because relator's application is untimely, we decline to consider it.

FOOTNOTES

FOOTNOTE.  

PER CURIAM * FN* Chehardy, J. recused.

Chehardy, J., recused.