Background
Daniel Mark Abraham applied for supervisory writs arising from proceedings in the 19th Judicial District Court for East Baton Rouge Parish, case numbers 756194 and 780266. He also sought a stay from the Louisiana Court of Appeal, First Circuit.
The application omitted several materials required by Rule 4-5(C) of the Uniform Rules of Louisiana Courts of Appeal. The missing materials included the signed judgment, the pleadings on which the ruling was founded—including the petition—any district-court opposition, pertinent minutes, and the notice of intent and return-date order.
The Court’s Holding
The First Circuit denied the requested stay and declined to consider the supervisory-writ application because it did not include the documents required by Rule 4-5(C)(6), (8), (9), (10), and (11).
The court stated that it would not consider supplementation of the deficient application or an application for rehearing. Abraham may instead file a new, compliant writ application by October 5, 2026, provided it contains all pertinent documentation, complies with Rule 2-12.2, and includes a copy of the court’s ruling.
Key Takeaways
- A supervisory-writ application must include the signed judgment and all pleadings and record materials required by the appellate rules.
- The First Circuit will not cure this type of deficiency through supplementation or rehearing.
- A new application may be filed by October 5, 2026, with the missing materials and a copy of the ruling.
Why It Matters
The ruling underscores that Louisiana appellate courts enforce writ-application record requirements strictly. Even without reaching the merits, an appellate court may deny interim relief and refuse to consider a supervisory writ when the applicant omits required documents.