STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT CYNTHIA A. F' RANDRIA NO. 2021 CW 1324

VERSUS

SUSAN M. GARDNER, ET AL. FEBRUARY 14, 2022

In Re: Cynthia A. Frandria, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 2020-- 0001051.

BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.

WRIT DENIED. The relator Cynthia A. Frandria' s motion to appeal and her motion and second request for devolutive appeal were not timely filed. Notice of the August 31, 2020, judgment at issue was mailed on September 14, 2020. Ms. Frandria filed her motion for appeal an February 22, 2021, and her motion and second request for appeal on June 17, 2021. Under La. Code Civ. P. art. 2087, Ms. Frandria' s motions for appeal were not timely filed. Without a showing of timeliness, we have no jurisdiction to consider her writ application. See Sanchez Law Firm, LLC v. Sherman, 2018- 0416 ( La. App. lst Cir. 7/ 11/ 18), 2018 WL 3388030, 2( unpublished)("[ T] he defect of not taking an appeal timely is jurisdictional, and neither counsel, the trial court, nor the appellant court has the authority to extend this delay.") citation omitted).

PMC JEW MRT

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK 3F COURT FOR THE COURT