Avenal v. State ex rel. Department of Natural Resources

Supreme Court of Louisiana
Avenal v. State ex rel. Department of Natural Resources, 723 So. 2d 963 (La. 1998)
1998 La. LEXIS 2689
Calogero, Lemmon

Avenal v. State ex rel. Department of Natural Resources

Opinion of the Court

In re Louisiana, State of; Natural Resources, Dept, of; — Defendant(s); applying for supervisory and/or remedial writ; Parish of Plaquemines, 25th Judicial District Court, Div. “B”, No. 38-266; to the Court of Appeal, Fourth Circuit, No. 98CW-1661.

The ruling of the court of appeal, denying the application as incomplete, is reversed. Relator is ordered to supplement the application within five days of this order, and the court of appeal is ordered to consider and dispose of the application on its merits.

CALOGERO, C.J., not on panel.

Concurring Opinion

LEMMON, J.,

concurs. When a relator fails to attach pleadings to an application for supervisory writs, the court ordinarily should not simply deny the application on that basis, but should require a supplemental filing of the missing pleading or pleadings within a specified period of time.

Reference

Full Case Name
Albert J. AVENAL, Jr. v. The STATE of Louisiana Through the DEPARTMENT OF NATURAL RESOURCES
Cited By
1 case
Status
Published