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Adams and Reese Special Counsel Ray Ward published an article on his appellate advocacy blog Louisiana Civil Appeals that explains the takeaways from a recent Louisiana First Circuit decision in Phillips v. Exxon Chem. La., LLC, 2022-CA-1290 (La. App. 1 Cir. 6/23/23), — So.3d —, 2023 WL 4140759.

A recent decision by the Louisiana First Circuit provides two lessons:

  1. A writ application following denial of a motion for new trial does not suspend the time to take an appeal.
  2. The delay to take an appeal starts from denial of new trial, whether that denial comes from the trial court or an appellate court.

Applying these lessons, the First Circuit dismissed an appeal as untimely. In dismissing the appeal as untimely, the First Circuit cited several cases holding that the filing of a writ application does not suspend running of the delay to take an appeal.

The First Circuit held that “the delay for an appeal runs from the denial of the motion for new trial, whether that ruling is by the trial or appellate court, and like an application for supervisory writ, an application for certiorari does not suspend the running of the delay for an appeal.” (Phillips, p. 10)

Practicing for close to 35 years, Ward has significant experience in appellate advocacy with more than 100 reported decisions and countless unreported decisions to his credit. He has argued cases in the U.S. Fifth Circuit, the Louisiana Supreme Court and all five Louisiana Courts of Appeal. He is certified as an appellate specialist by the Louisiana Board of Legal Specialization.