State ex rel. Department of Highways v. Neyrey

Application Not Considered:

The defendants-appellees apply for certiorari to review the overruling by the court of appeal of their motion to dismiss the plaintiff-appellant’s appeal.

This court will not consider an application for a writ to review a judgment of the court of appeal until an application for rehearing has been refused by that court. La.Const. Art. VII, Section 11. The intermediate court will not consider an application for rehearing as to its judgment overruling a motion to dismiss an appeal. Uniform Rules, Courts of Appeal, Rule XI, Section 6 (1963). See similar rule of this…