Armstrong v. Stein
| Decision Date | 18 March 1994 |
| Citation | 634 So.2d 845 |
| Parties | 94-0097 La |
| Court | Louisiana Supreme Court |
In re Armstrong, Deborah;--Plaintiff(s); applying for supervisory and/or remedial writs; Parish of Orleans, Civil District Court, Div. "C", No. 90-18716, 91-10720; to the Court of Appeal, Fourth Circuit, No. 93CW-2151.
The application is granted. The judgment of the district court dismissing plaintiff's petition on an exception of no cause of action was a final and appealable judgment. The application for supervisory writs to the court of appeal should have been treated as a timely appeal. We accordingly grant plaintiff's application to this court and remand the matter to the court of appeal to docket as an appeal, if the application for supervisory writs was timely for an appeal. Otherwise, the application is denied.
DENNIS, J., not on panel.
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Aguillard v. Auction Management Corp.
... ... Therefore, in keeping with the holding in Armstrong v. Stein, 94-97 (La.3/18/94); 634 So.2d 845, we hereby consider the application for supervisory writs as a timely filed motion for appeal. The ... ...
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YOKUM v. NICHOLAS S. KARNO Inc. d/b/a Old Opera House
...A writ on a final appealable judgment should be converted to an appeal, if timely, otherwise it should be denied. Armstrong v. Stein, 94–0097 (La.3/18/94), 634 So.2d 845. While a ruling on a preliminary injunction might be considered under supervisory jurisdiction to expedite its considerat......
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96-0292 La.App. 4 Cir. 7/31/96, State v. Baynes
...arts. 1841, 2083. Since the application was filed February 7, 1996, it must be treated as a timely appeal. Armstrong v. Stein, 94-0097 (La. 3/18/94), 634 So.2d 845; City of New Orleans v. Benson, 95-2436, p. 6 (La.App. 4th Cir. 12/14/95), 665 So.2d 1202, 1205. In addition to the briefs subm......
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Owuamanam ex rel. Nwanji v. Super One
...method of filing an ordinary appeal, the appellate courts have converted those writ applications into appeals. See Armstrong v. Stein, 94-1997 (La. 3/18/99), 634 So.2d 845. However, in the instant case, the plaintiff failed to file a timely writ application with this court in accordance wit......