Background
Theodore Thyssen, Rosalyn Thyssen, and their siblings sought supervisory review in litigation against the East Baton Rouge School Board and others. The application arose from proceedings in the 19th Judicial District Court for East Baton Rouge Parish, case number 700051.
The applicants also requested a stay. Their writ submission, however, omitted materials required by the Uniform Rules of Louisiana Courts of Appeal.
The Court’s Holding
The Louisiana Court of Appeal, First Circuit, denied the stay and declined to consider the supervisory writ application. It held that the application did not comply with Rule 4-5(C)(6), (8), and (9).
Specifically, the applicants failed to provide a signed copy of the challenged judgment, the pleadings on which that judgment was based, and either any filed opposition or a statement that no opposition had been filed. The court further stated that it would not consider supplementation of the application or an application for rehearing, citing Rules 4-9 and 2-18.7.
Key Takeaways
- A Louisiana supervisory writ application must include a signed copy of the judgment under review.
- The application must also contain the underlying pleadings and any opposition, or a statement that no opposition was filed.
- Failure to include the required materials can result in denial of a requested stay and refusal to consider the writ, without an opportunity to supplement or seek rehearing.
Why It Matters
The order underscores that compliance with Louisiana’s writ-application rules is essential. Even without reaching the merits, an appellate court may refuse supervisory review when the record submitted with the application is incomplete.