Legal Opinion · Dissent

State ex rel. Department of Social Services v. Howard

Louisiana Court of Appeal

Decided December 30, 2004No. 2003 CW 2865Published

1Dissent

h GUIDRY, J.,

dissenting.

I believe that the majority errs in converting the State’s devolutive appeal of a non-appealable, interlocutory judgment into an application for supervisory writs. Generally, this court does not convert appeals into writ applications. See Daniels v. Hancock Fabric Store, 00-2556, p. 3 (La.App. 1st Cir.12/28/01), 804 So.2d 965, 966. Furthermore, the appeal in this matter was taken more than 30 days after the notice of judgment was sent — at a time when an application for supervisory writs would not have been timely. See Hughes v. Albertson’s, 00-2542, p. 6 (La.App. 1st…

2Cases cited6 opinions

Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc.Supreme Court of Louisiana · 1981
VaSalle v. Wal-Mart Stores, Inc.Supreme Court of Louisiana · 2001
State v. ClauseLouisiana Court of Appeal · 1986
Dixon v. BW Farrell, Inc.Louisiana Court of Appeal · 1998
Hughes v. Albertson's, Inc.Louisiana Court of Appeal · 2001

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