2011-CC-2558 SAFEGUARD STORAGE PROPERTIES, L.L.C., ET AL. v. DONAHUE FAVRET CONTRACTORS, INC., ET AL.

State: Louisiana

Docket No: 2011-CC-2558

Case Date: 01/01/2012

Preview:02/03/2012 "See News Release 007 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA NO. 11-CC-2558
SAFEGUARD STORAGE PROPERTIES, L.L.C., ET AL.

V.
DONAHUE-FAVRET CONTRACTORS, INC., ET AL. Granted. Relator's writ application, mailed on Monday, October 10, 2011 through Federal Express, was filed within the applicable deadline from the district court's September 9, 2011 oral ruling, and is therefore timely. See Rule 2-13 of the Uniform Rules of the Court of Appeal. Because the application was filed within the deadline prescribed by Rule 4-3, relator's failure to obtain a return date does not render the application defective. See Rambo v. Willis-Knighton Bossier Health Center, 00-2157 (La. 7/28/00), 766 So. 2d 1262. Accordingly, the application is remanded to the court of appeal for consideration on the merits.

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