C.M.J. v. L.M.C., wife of C.M.J. ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, Fl .RST CIRCUIT
1
C.M.J NO. 2023 CW 0228
VERSUS
L.M.C., WIFE OF C.M.J. APRIL 4, 2023
In Re: Richard Ducote, Esq., applying for supervisory writs,
22nd Judicial District Court, Parish of St. Tammany,
No. 2011-13039.
BEFORE: GUIDRY, C.J., McCLENDON AND WELCH, JJ.
STAY DENIED; WRIT DENIED.
JEW
Guidry, C.J., concurs. The criteria set forth in Herlitz
Construction Co., Inc. v. Hotel Investors of New Iberia, Inc.,
396 So.2d 878 (La. 1981) (per curiam), are not met.
Mcclendon, J., concurs in part and dissents in part. I
concur with the denial of the stay; however, I find the trial
court erred in relying on La. R.S. 13:4209, which has no
applicability to the instant matter, where the trial court
rendered and signed a judgment that was vacated by this court on
appeal. Generally, the decision to re-open a case for the
production of additional evidence rests within the sound
discretion of the trial judge; further, there is no language in
this court's prior remand order to suggest the trial court's new
finding had to be based only on evidence already submitted.
Accordingly, I would vacate the trial court's January 20, 2023
judgment sustaining the exception of no cause of action filed by
C.M.J. and dismissing the motion to reopen the hearing filed by
Richard Ducote and remand to the trial court for further
consideration without reliance on La. R.,S. 13:4209.
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT