Eureka Homestead Soc. v. Clark
Supreme Court of Louisiana
Certiorari to Court of Appeal, Parish of Orleans.. Action by Eureka Homestead Society against William L. Clark, Jr. Judgment by default was entered against defendant. On appeal to the Court of Appeal, the judgment was annulled, the case remanded, and plaintiff applies for certiorari or writ of review.
1Opinion of the Court
On Motion to Rescind Writ.
O’NIELL, J.
[1] Counsel for defendant, Clark, has filed a motion to have the writs of certiorari and review rescinded, because the plaintiff, relator herein, did not file a brief within the 20 days allowed. There is no law nor rule of court imposing that penalty for a failure to file a brief in support of an application for a writ of review, under article 101 of the Constitution. The delay of 20 days allowed for the filing of briefs, which we invariably grant when we issue a writ of review to the Court of Appeal, is a matter of grace, not a mandate. The only…
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