Narrative Opinion Summary
The application for supervisory and/or remedial writs filed in the case of In re Broussard and Romero before the 15th Judicial District Court in Vermilion, docket number 92228, was not considered due to being untimely. Although Columbus Day is recognized as a legal holiday under Louisiana law (La. R.S. 1:55(A)(1)), it is not included among the holidays specified for time delay calculations under La. R.S. 1:55(E)(3) in accordance with La. Code Civ. P. art. 5059. This interpretation is supported by the precedent set in Hooper v. Wisteria Lakes Subdivision. Justice Hughes dissented, expressing a willingness to consider the matter on its merits.
Legal Issues Addressed
Judicial Dissentsubscribe to see similar legal issues
Application: Despite the majority's decision, Justice Hughes dissented, indicating an openness to reviewing the case based on its substantive issues.
Reasoning: Justice Hughes dissented, expressing a willingness to consider the matter on its merits.
Legal Holidays and Time Delay Calculationssubscribe to see similar legal issues
Application: The court clarified that Columbus Day, while a recognized legal holiday in Louisiana, does not affect the calculation of time delays for filing writ applications.
Reasoning: Although Columbus Day is recognized as a legal holiday under Louisiana law (La. R.S. 1:55(A)(1)), it is not included among the holidays specified for time delay calculations under La. R.S. 1:55(E)(3) in accordance with La. Code Civ. P. art. 5059.
Precedent in Time Delay Interpretationsubscribe to see similar legal issues
Application: The court relied on the precedent set in a previous case to interpret the application of holidays in time delay calculations.
Reasoning: This interpretation is supported by the precedent set in Hooper v. Wisteria Lakes Subdivision.
Timeliness of Writ Applicationssubscribe to see similar legal issues
Application: The application for supervisory and/or remedial writs was not considered because it was filed after the deadline, demonstrating the strict adherence to procedural timelines.
Reasoning: The application for supervisory and/or remedial writs filed in the case of In re Broussard and Romero before the 15th Judicial District Court in Vermilion, docket number 92228, was not considered due to being untimely.