I n c o r p o r e a l s  C h e a p  S i n c e  2 0 0 2
N A K E D Louisiana O W N E R S H I P 
All Things Legal in Louisiana


May 13, 2005

Appeal reinstated after appellant misses Rule 2-8.6 abandonment deadline

One week ago, in Hehn v. Hehn, the en banc Louisiana First Circuit reinstated an appeal that had been dismissed as abandoned.

Here's what happened: After the record was lodged, the court sent out its usual notice of lodging, with briefing deadlines. The appellant failed to file a brief by his deadline, which prompted the court to send a notice of abandonment under Uniform Rule 2-8.6. The Rule 2-8.6 notice warned appellant that his appeal would be dismissed if he did not file a brief within 30 days. On the 30th day, the appellant filed a brief, but the brief was rejected by the clerk's office for failing to comply with the type-size requirement of Rule 2-12.2(2), requiring a 14-point font. Four days later, the court dismissed the appeal.

Appellant then filed a motion for rehearing, seeking reinstatement of the appeal. Appellant's counsel explained that she missed the first deadline due to medical reasons. And she attempted in good faith to file a brief within the Rule 2-8.6 deadline, but because this was the first appeal brief she had done since the rule change to 14-point type, she was unaware of the type-size requirement. The en banc court granted reheaing and reinstated the appeal, but warned that its decision should not be read as "a deviation from our usual policy of [enforcing] Rule 2-8.6, but rather as a unique exception to the rule."

Judge Guidry concurred in the decision, but added that in order to reach it, the court should overrule Lout v. Booty's Deli, 868 So.2d 26 (La. App. 1 Cir. 9/26/03). There, a panel of the First Circuit held that under similar circumstances, it lacked jurisdiiction to consider the appeal, once appellant failed to file a rule-compliant brief by the Rule 2-8.6 deadline and the order of dismissal had been issued.

Posted by RPW at May 13, 2005 10:07 AM
Naked Ownership Resources
Codes and Statutes
News Links
Parish Data

Other Resources
Judicial Interest Rate
Prescription [pdf]

Naked Ownership Maps
Judicial Districts
Appeal Courts
Federal Courts

Court Rules
State District
LA Uniform Appeal
LA First Circuit
LA Second Circuit
LA Third Circuit
LA Fourth Circuit
LA Fifth Circuit
State Supreme
Federal District (La.)
US Bankruptcy (ED)
US Bankruptcy (MD)
US Bankruptcy (WD) [pdf]
US Fifth Circuit
US Supreme

State Court Sites
First Circuit
Second Circuit
Third Circuit
Fourth Circuit
Fifth Circuit

Federal Court Sites
Eastern District
Middle District
Western District
Fifth Circuit

Bankruptcy Court Sites
Eastern District
Middle District
Western District

Louisiana Blawgers
AJ Levy
Steve Covell
Bradley Parker
Ernest Svenson
Ray Ward
Gideon's Promise
Kitty Says

Baton Rouge
New Orleans


Syndicate / RSS

The Name

Al J. Robert, Jr.
Raymond P. Ward
Ernest E. Svenson

Browse by Month:

Browse by Category:

AG Opinions (2)
Alexandria (35)
Attorneys (14)
Baton Rouge (198)
Blawgistan (1)
Blawgs (10)
Civil Law (1)
Community (23)
Dicta (21)
District Courts (4)
Ethics (15)
Federal courts (1)
Judges (18)
LA 1st Circuit (17)
LA 2nd Circuit (10)
LA 3rd Circuit (3)
LA 4th Circuit (4)
LA 5th Circuit (1)
LA Case Opinions (1)
LA Register (1)
LA Supreme Court (46)
Lafayette (49)
Lake Charles (27)
Law Enforcement (2)
Law School (1)
Legislation (37)
Making A Differnce (6)
Meta (4)
Monroe (46)
National (6)
New Orleans (213)
Politics (9)
Practice (16)
Reference (2)
Shreveport (87)
Site of the Day (9)
State (8)
Technology (3)
US 5th Circuit (36)
US District Courts (8)

Site Meter