Supreme Court of Louisiana, 2001

Morris v. Stueben

Morris v. Stueben
Supreme Court of Louisiana · Decided March 16, 2001 · Per Curiam
781 So. 2d 1220; 2001 WL 83836 (Southern Reporter, Second Series)

Morris v. Stueben

Opinion

781 So.2d 1220 (2001)

Daniel T. MORRIS
v.
Roger E. STUEBEN, M.D., et al.

No. 2001-CC-0137.

Supreme Court of Louisiana.

January 26, 2001.

Opinion

PER CURIAM.

The application for reconsideration is denied. Relator's original writ application in this court was filed on January 16, 2001, sixty-nine days after the court of appeal denied his writ application on November 8, 2000 and well outside of the thirty day period mandated by Supreme Court Rule X, § 5. Although relator's application in this court was filed within thirty days from the court of appeal's denial of rehearing, Supreme Court Rule X, § 5(a) extends the *1221 thirty day period for taking writs to this court only "in those instances where a rehearing is allowed" in the court of appeal. Uniform Court of Appeal Rules 4-9 and 2-18.7 do not provide for a rehearing from a denial of an application for supervisory writs. Accordingly, the delay for taking writs to this court ran from the court of appeal's original writ denial, not its denial of rehearing.

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