Baldo v. Thibodaux
328 So. 2d 888 | La. | 1976
Lead Opinion
In re: Albert J. Baldo, applying for Certiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans.-
Writ denied. Although judgment of Court of Appeal is apparently incorrect, we will not exercise our supervisory jurisdiction where applicant’s earlier untimely application for writ of review has been denied by this court. Relator’s remedy is to set the matter for immediate hearing in the trial court.
Dissenting Opinion
dissents. The Court of Appeal decision was wrong. The result of such judgment renders this litigation non-final; the eviction proceeding persists in the district court. Under these circumstances I would have this Court exercise its general supervisory jurisdiction and grant the writ.