Summary
The Louisiana Court of Appeal, First Circuit, declined to consider Friends of Impact Charter School’s supervisory writ application. The court found that the application omitted pleadings underlying the district court judgment and failed to include an opposition or a statement that none had been filed, in violation of Uniform Rules of Louisiana Courts of Appeal Rule 4-5(C).
Topics
Practice areas
Questions Presented
- Whether the supervisory-writ application should be considered when it failed to include the pleadings on which the district-court judgment was founded.
- Whether the application complied with the requirement to include any opposition and attachments filed in the district court or a statement that no opposing written document was filed.
Holdings
- A supervisory-writ application will not be considered when the relator fails to provide copies of each pleading on which the judgment was founded, including the exception and petition or petitions, as required by Uniform Rules of Louisiana Courts of Appeal Rule 4-5(C)(8).
- A supervisory-writ application will not be considered when it fails to include copies of opposition and attachments filed by a party in the district court or a statement that no opposing written document was filed, as required by Uniform Rules of Louisiana Courts of Appeal Rule 4-5(C)(9).
Key quotations
“WRIT NOT CONSIDERED. Relator failed to provide a copy of each pleading on which the judgment was founded, including the exception and petition(s), in violation of Uniform Rules of Louisiana Courts of Appeal, Rule 4-5(C)(8).” (at 1)
“In addition, the writ application further failed to comply with Rule 4-5(C) (9), as it failed to include a copy of any opposition and attachments thereto, filed by a party in the district court or a statement by the applicant that no opposing written document was filed.” (at 1)
Factual background
The opinion provides no substantive facts concerning the underlying dispute. It concerns only Friends of Impact Charter School's supervisory-writ application and its failure to include documents required for appellate review.
Procedural history
The matter arose from a proceeding in the Nineteenth Judicial District Court for East Baton Rouge Parish, case number 759881. Friends of Impact Charter School sought supervisory writ relief, but the appellate court determined that the application omitted pleadings on which the judgment was founded, including the exception and petition or petitions, and also omitted any opposition and attachments or a statement that no opposition was filed. The court stated that supplementation or rehearing would not be considered, while permitting a new application if timely filed and compliant with the court rules.
Remand instructions
The court did not remand the matter. It stated that supplementation of the existing writ application or an application for rehearing would not be considered, but a new application could be filed on or before December 17, 2025 if it included all pertinent documentation, the missing items, a copy of the ruling, and complied with Rule 2-12.2.