DCR Mortage 7 Sub 1, LLC v. Legends Square, LLC

• Decision Date: 16 May 2022
• Docket Number: 2022 CW 0234
• Parties: DCR MORTAGE 7 SUB 1, LLC v. LEGENDS SQUARE, LLC, MICHAEL D. KIMBLE, MITCHELL W. KIMBLE, KIMBLE DEVELOPMENT, LLC, AND HORACE L. MITCHELL
• Court: Court of Appeal of Louisiana (US)

DCR MORTAGE 7 SUB 1, LLC v. LEGENDS SQUARE, LLC, MICHAEL D. KIMBLE, MITCHELL W. KIMBLE, KIMBLE DEVELOPMENT, LLC, AND HORACE L. MITCHELL

No. 2022 CW 0234

Court of Appeals of Louisiana, First Circuit

May 16, 2022

DCR Mortage 7 Sub 1, LLC, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 691, 062.

BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.

WRIT DENIED AS MOOT. Following a hearing on plaintiff/relator, DCR Mortgage 7 Sub 1, LLC's, Motion for New Trial, an Amended Judgment on Amended Motion for Summary Judgment was issued by the district court on April 26, 2022. Under the circumstances, relator's writ application is denied as moot as any supervisory review sought from this court should concern the April 26, 2022 amended judgment. Additionally, in order for relator to timely seek review, a notice of intent must be filed with the district court within thirty days of the date of notice of that amended judgment. See Uniform Rules of Louisiana Courts of Appeal, Rules 4-2 & 4-3.

PMc

JEW

Theriot, J., dissents and would consider the merits of the writ application.

1