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08 February 2013

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Susan Kalmbach

I've given this some thought, and my favorite quote on appellate (supervisory) procedure is found in a 2008 footnote.
"We recognize the court of appeal's writ denial in this case was done with an opinion and purports to affirm the judgment of the trial court. However, having declined to exercise its supervisory jurisdiction by denying the writ, the court of appeal was without jurisdiction to affirm, reverse or modify the judgment of the trial court." K.A.E.M. v. J.M.C., 983 So. 2d 1259, 1259 n.1 (La. 2008).

Ray

Thanks, Susan. There are actually two important lessons in K.A.E.M. v. J.C.M. One is the point that you mentioned. The other is that, when the court of appeal’s rules don’t allow for a rehearing, applying for rehearing will not interrupt the 30-day time limit to apply to the La. Supreme Court for a writ.

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