Louisiana Court of Appeal, 2021

Darrell Comeaux and Carmen Comeaux, Individually and on Behalf of the Estate of Amie Comeaux v. State of Louisiana, State of Louisiana through the Department of Transportation and Development

Darrell Comeaux and Carmen Comeaux, Individually and on Behalf of the Estate of Amie Comeaux v. State of Louisiana, State of Louisiana through the Department of Transportation and Development
Louisiana Court of Appeal · Decided August 16, 2021

Darrell Comeaux and Carmen Comeaux, Individually and on Behalf of the Estate of Amie Comeaux v. State of Louisiana, State of Louisiana through the Department of Transportation and Development

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT DARRELL COMEAUX AND CARMEN NO. 2021 CW 0683 COMEAUX, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF AMIE PG. 1 OF 2 COMEAUX

VERSUS

STATE OF LOUISIANA, STATE OF LOUISIANA THROUGH DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT

CONSOLIDATED WITH

IDA WATTIGNEY AND EVA FRANCOIS, AS DAUGHTER OF IDA WATTIGNEY

VERSUS AUGUST 16, 2021 STATE OF LOUISIANA, STATE OF LOUISIANA THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT

In Re: State of Louisiana and the State of Louisiana through the Department of Transportation and Development, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 456518 c/ w 456545.

BEFORE: MCDONALD, LANIER, AND WOLFE, JJ.

WRIT NOT CONSIDERED. Relator failed to provide documentation that this writ application was timely filed under Rules 4- 2 and 4- 3, Uniform Rules of Louisiana Courts of Appeal, in accordance with the provisions of La. Code Civ. P. art. 1914( A) and ( B). There is no evidence that a judgment was ordered by the trial court or that a written request for judgment was filed within 10 days of the ruling in open court so as to make the notice of intent filed on June 1, 2021 timely.

Moreover, the writ application does not contain a transcript of the for court' s reasons denying the motion and the reasons are not otherwise evident from the writ application. See La. Civ. Code P. art. 966( C)( 4); James as Co - Trustees of Addison Family Trust v. Strobel, 2019- 0787 ( La. App. 1st Cir. 6/ 24/ 20), 2020 WL 3446635 ( unpublished).

Supplementation of this writ application and/ or an application for rehearing will not be considered. Rules 4- 9 and 2- 18. 7, Uniform Rules of Louisiana Courts of Appeal.

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT NO. 2021 CW 0683

PG. 2 OF 2

In the event relator seeks to file a new application with this court, it must contain all pertinent documentation including documentation to show the original writ application was timely, and any other documents listed above, and must

comply with Rule 2- 12. 2, Uniform Rules of Louisiana Courts of Appeal. Any new application must be filed on or before September 15, 2021, and must contain a copy of this ruling.

JMM WIL EW

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY I' CL RK 4A OF COURT FOR THE COURT

Case-law data current through December 31, 2025. Source: CourtListener bulk data.