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WITHERS v. WITHERS

No. 41,072-CW.

938 So.2d 1063 (2006)

Jeffery L. WITHERS, Plaintiff-Respondent v. Cheryl Beth WITHERS (Watson), Defendant-Applicant.

Court of Appeal of Louisiana, Second Circuit.

August 23, 2006.

Attorney(s) appearing for the Case

Donald L. Kneipp, Monroe, for Respondent.

Scott E. McElroy, Bastrop, for Applicant.

Before WILLIAMS, CARAWAY and MOORE, JJ.

MOORE, J.

This court granted the writ application of Cheryl Beth Withers arising from proceedings in the Fourth Judicial District Court, Morehouse Parish, the Honorable Wilson Rambo presiding. The sole issue is whether the district court erred when it ruled that Jeffrey Withers' Motion for New Trial filed on February 22, 2005, was timely even though five months had passed after notice of judgment was mailed on September 8, 2004. Because we hold that the trial court...

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