Supreme Court of Louisiana, 1977

American Bank & Trust Co. v. Til

American Bank & Trust Co. v. Til
Supreme Court of Louisiana · Decided March 11, 1977 · Tate
342 So. 2d 1111; 1977 La. LEXIS 6346 (Southern Reporter, Second Series)

American Bank & Trust Co. v. Til

Opinion of the Court

In re: Til, d/b/a Spanish Villa Apts, of Monroe, Jesse H. Heard, Jr., Jerry A. Kirby, and Jesse H. Heard Construction Co., Inc., applying for certiorari, or writ of review, to the Court of Appeal, 340 So.2d 636, Second Circuit, Parish of Ouachita.

Not considered. Not filed timely in accordance with Rule 10, Sec. 4(b), inasmuch as the application received following the 30th date post rehearing denial (the day following) was not mailed.

Dissenting Opinion

TATE, J.,

concurs. Constructive filing on or before the last day of the delay is permitted only by deposit in the United States mail. Rule 10, Section 4B.

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