Supreme Court of Louisiana, 2002

Travis v. Family Dollar Stores of Bogalusa, Inc.

Travis v. Family Dollar Stores of Bogalusa, Inc.
Supreme Court of Louisiana · Decided May 31, 2002 · Calogero
816 So. 2d 1289; 2002 WL 1083710 (Southern Reporter, Second Series)

Travis v. Family Dollar Stores of Bogalusa, Inc.

Opinion of the Court

In re Family Dollar Store of Bogalusa, Inc. a/k/a; Family Dollar Stores of Louisiana Inc.;-Defendant(s); Applying for Reconsideration of this Court’s action dated April 12, 2002, Parish of Washington, 22nd Judicial District Court Div. “E”, No. 79,-430-E; to the Court of Appeal, First Circuit, No. 2001 CA 0173.

Reconsideration denied.

Concurring Opinion

CALOGERO, Chief Justice,

concurs in the denial of reconsideration for the following reasons.

In this application for reconsideration, Counsel asks this court to consider a writ application that was untimely filed. Counsel asserts that because of extenuating circumstances, he is unable to provide this court with a certificate of mailing from the United States Postal Service, which would indicate that the writ application had been timely mailed on Monday, January, 28, 2002. However, contrary to Counsel’s assertions, our records show that the original writ application was untimely filed, by *1290hand, not by mail, on Tuesday, January 29, 2002, the thirty-second day and that the clerk of this court so advised Counsel by letter dated January 30, 2002. The fact that the writ application was hand filed on the thirty-second day would seem to make relator’s argument about timely mailing irrelevant, if not deliberately misleading as well.

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