Clark v. Matthews

Supreme Court of Louisiana
Clark v. Matthews, 948 So. 2d 186 (La. 2007)
2007 La. LEXIS 372; 2007 WL 628189
Deny, Kimball, Traylor

Clark v. Matthews

Opinion of the Court

In re Clark, Jeffrey W.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. O, No. 566-788; to the Court of Appeal, Fifth Circuit, No. 06-C-601.

Granted. Although the trial court set the return date more than thirty days from the date of the ruling, the court has authority to extend the deadline under Rule 4-3. Relator’s application, filed within the time limit authorized by the trial court, is timely. See Barnard v. Barnard, 96-0859 (La.6/24/96), 675 So.2d 734. Accordingly, the application is remanded to the court of appeal for consideration on the merits.

KIMBALL, J., would deny. TRAYLOR, J., would deny.

Reference

Full Case Name
Jeffrey W. CLARK v. Herbert L. MATTHEWS, Allstate Insurance Company and Zurich American Insurance Company (David Shaw)
Status
Published