would grant the writ. The Court of Appeal, Fifth Circuit, should have given merits consideration to relator’s filing, however captioned. City of New Orleans v. Ballansaw, 475 So.2d 768 (La.1985); State v. Banks, 444 So.2d 1243, 1244 (La.1984); see also Kosmitis v. Bailey, 96-1573, p. 2 (La.10/4/96), 680 So.2d 1167, 1168.