Melissa Danielle Sinclair v. Seth D. Sinclair

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT MELISSA DANIELLE SINCLAIR NO. 2021 CW 0655 VERSUS SETH D. SINCLAIR JULY 30, 2021 In Re: Seth D. Sinclair, applying for supervisory writs, Family Court in and for the Parish of East Baton Rouge, No. 210952. BEFORE: THERIOT, HOLDRIDGE, AND HESTER, JJ. WRIT NOT CONSIDERED. This writ application is untimely. Relator' s notice of intent was filed on May 6, 2021, more than thirty days after the trial court signed a judgment on January 6, 2021 denying relator' s motion to homologate and granting plaintiff' s motion for partial judgment on the pleadings. Although relator filed a motion for new trial following entry of the January 6, 2021 interlocutory judgment, a motion for new trial pertains only to final judgments and was procedurally improper. Most significantly, the filing of a motion for new trial seeking interlocutory reconsideration judgment of an cannot interrupt the thirty -day period for filing an application for supervisory writs established by Rule 4- 3 of the Uniform Rules of Louisiana Courts of Appeal. Finally, we note that relator does not seek review of the denial of the motion for new trial. Carter v. Rhea, 2001- 0234 ( La. App. 4th Cir. 4/ 25/ 01), 785 So. 2d 1022, 1025 . MRT GH CHH COURT OF APPEAL, FIRST CIRCUIT DEPUTY LERK OF COURT FOR THE COURT