Writ application granted - see briefing notice and Order.
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Supreme Court of Louisiana October 31, 2023
Supreme Court
STATE OF LOUISIANA
New Orleans
CHIEF JUSTICE
JOHN L. WEIMER
JUSTICES
WILLIAM J. CRAIN
SCOTT J. CRICHTON
JAMES T. GENOVESE
JAY B. MCCALLUM
JEFFERSON D. HUGHES III
PIPER D. GRIFFIN
Sixth District
First District
Second District
Third District
Fourth District
Fifth District
Seventh District
VERONICA O. KOCLANES
CLERK OF COURT
400 Royal St., Suite 4200
NEW ORLEANS, LA 70130-8102
TELEPHONE (504) 310-2300
HOME PAGE http://www.lasc.org
October 31, 2023
2023-C-00788 BARBER BROTHERS CONTRACTING COMPANY, LLC VS. CAPITOL CITY PRODUCE COMPANY, LLC, ET AL.
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED October 31, 2023
MEMORANDUM TO COUNSEL IN CAPTIONED CASE:
Please be advised that the above-captioned matter will be set for oral argument on this Courts next available docket. A copy of the official docket with the specific date and time of oral argument will be mailed out.
Please note Section 8 of Rule VII of the Rules of this Court provides that the applicant or relator, as the case may be, must file their briefs on or before November 27, 2023; and the respondent on or before December 15, 2023.
Oral argument will be waived if brief is untimely filed. Briefs submitted on legal sized paper should be fastened at the top. All briefs should be backed with the customary “Blueback” or other flexible material. In criminal proceedings, the court directs that counsel must file a brief. Failure to do so may subject counsel to a penalty of contempt of Court.
It is further provided in Rule VII, Section 9 that briefs sent through the mail shall be deemed timely filed if mailed on or before the due date. If the brief is received by mail on the first legal day following the expiration of the delay, there shall be a rebuttable presumption that it was timely filed. In all cases where the presumption does not apply, the timeliness of the mailing shall be shown only by an official United States postmark or by official receipt or certificate from the United States Postal Service, or bona fide commercial mail services such as Federal Express or United Parcel Service, made at the time of mailing which indicates the date thereof. Any other date stamp, such as a private commercial mail meter stamp, or label from an Automated Postal Center, shall not be used to establish timeliness. Briefs forwarded by private delivery or courier service shall be deemed timely filed only if received by the clerk on or before the last day of the delay for filing.
Regards,
Ryan Chan Deputy Clerk
ccs: All Counsel
Hon. Donald R. Johnson
Hon. J. Douglas “Doug” Welborn
Hon. Rodd Naquin, Clerk
19th Judicial District Court: 672217 c/w 674957
Court of Appeal, First Circuit: 2022 CA 0696 c/w 2022 CA 0697
SUPREME COURT OF LOUISIANA
No. 2023-C-00788
BARBER BROTHERS CONTRACTING COMPANY, LLC
VERSUS
CAPITOL CITY PRODUCE COMPANY, LLC; FRANK CUSHENBERRY; AND XYZ INSURANCE COMPANY
CONSOLIDATED WITH
FRANK CUSHENBERRY AND ROBIN CUSHENBERRY, INDIVIDUALLY AND ON BEHALF OF THE MINOR CHILDREN, NOAH CUSHENBERRY AND KHLOE CUSHENBERRY
VERSUS
JOHNNY SCOTT AND BARBER BROTHERS CONTRACTING COMPANY, LLC
On Writ of Certiorari and/or Review Nineteenth Judicial District Court, Parish of East Baton Rouge, Nos. 672217 c/w 674957; Court of Appeal, First Circuit, Nos. 2022 CA 0696 c/w 2022 CA 0697.
And, whereas, the Court has this date, pursuant to Article 5, Section 5, of the Constitution of Louisiana, made and issued the following order, to wit— “It is ordered that the writ of review issue; that the District Court and the Court of Appeal send up the record in Duplicate of the case; and that counsel for all parties be notified.”
Now, therefore, the said District Court and the Court of Appeal is hereby commanded, in the name of the State of Louisiana and of this Honorable Court, to send up forthwith to this Court, in accordance with Supreme Court Rule 1, at the City of New Orleans, the record in duplicate of the above-entitled case.
Witness the Honorable Justices of the Supreme Court of the State of Louisiana, on this 31st day of October, in the year of our Lord, Two Thousand Twenty-Three.
Veronica O. Koclanes Clerk of Court