DECUIR, Judge.
This matter is before us on remand from the Louisiana Supreme Court with an order to set the case for briefing, argument and opinion. This court had previously denied relator's application on grounds that the application seeking review of the denial of summary judgment was untimely, and the trial court's denial of a motion for new trial was not an abuse of discretion. For the following reasons, we adhere to our original disposition of this matter, and...
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