State of Louisiana in the Interest of R.P., S.H., and N.H. ( 2021 )


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  • STATE OF LOUISIANA IN THE INTEREST                   NO. 21-CA-628
    OF R.P., S.H., AND N.H.
    FIFTH CIRCUIT
    COURT OF APPEAL
    STATE OF LOUISIANA
    ON APPEAL FROM THE FORTIETH JUDICIAL DISTRICT COURT
    PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA
    NO. 18,168, DIVISION "B"
    HONORABLE NGHANA LEWIS, JUDGE PRESIDING
    December 22, 2021
    STEPHEN J. WINDHORST
    JUDGE
    Panel composed of Judges Fredericka Homberg Wicker,
    Stephen J. Windhorst, and Hans J. Liljeberg
    APPEAL DISMISSED
    SJW
    FHW
    HJL
    COUNSEL FOR PLAINTIFF/APPELLANT,
    DEPARTMENT OF CHILDREN AND FAMILY SERVICES
    Laura Locker-Melancon
    WINDHORST, J.
    In this case, the Department of Children and Family Services (hereinafter
    “DCFS”) appeals the trial court’s judgment denying DCFS’s petition for termination
    of parental rights of N.W. For the following reasons, we dismiss this appeal.
    On May 28, 2021, DCFS filed a motion for appeal in the 40th Judicial District
    Court seeking to appeal the trial court’s May 6, 2021 judgment denying DCFS’s
    petition for termination of parental rights of N.W. That same day, the trial court
    granted DCFS’s motion for appeal. The record was lodged in this Court on
    September 24, 2021. That day, this Court issued a Notice of Lodging of Record,
    notifying the parties the record had been lodged and informing them of the due dates
    for the appellate briefs. DCFS was informed that its appellate brief was due on
    October 12, 2021. DCFS did not file a brief by this deadline, nor did it file a motion
    for extension of time to file a brief.
    On October 21, 2021, this Court sent DCFS’s counsel a letter informing her
    that the time delays for filing her appellate brief had passed and notifying her that
    the appeal would be dismissed as abandoned if a brief was not filed by November 2,
    2021. To date, DCFS has not filed a brief.
    La. U.R.C.A. Rule 5-3 (c)(2) provides:
    In such civil cases, if an appellant does not file a brief within the
    time prescribed by this rule or any extension thereof granted by
    the court as provided by this rule or Rule 2-12.8, a notice shall be
    mailed by the clerk to counsel for the appellant, or to the appellant
    if not represented, that the appeal shall be dismissed 10 days
    thereafter unless a brief is filed in the meantime. If an appellant
    does not file a brief within 10 days after such notice is mailed,
    the appeal shall be dismissed as abandoned. Provided, however,
    that irrespective of the time limit provided in this rule for the
    appellee to file a brief, the appellee's brief shall be filed within 15
    days from the due date shown on the notice of abandonment.
    On October 21, 2021, this Court sent the required notice to counsel for DCFS
    informing counsel that if a brief was not filed by November 2, 2021, the appeal
    would be dismissed as abandoned. See Riley v. Par. of Jefferson, 21-55 (La. App.
    21-CA-628                                  1
    5th Cir. 5/19/21), 
    325 So.3d 1115
    , 1116; LaFrance v. LaFrance, 15-508 (La. App.
    5th Cir. 2/17/16), 
    186 So.3d 797
    . No brief was filed by this deadline. Thus, DCFS
    has indicated no intent to pursue this appeal. As a result, we deem DCFS’s appeal
    abandoned and declare it dismissed under La. U.R.C.A. Rule 5-3 (c)(2).
    APPEAL DISMISSED
    21-CA-628                               2
    SUSAN M. CHEHARDY                                                             CURTIS B. PURSELL
    CHIEF JUDGE                                                                   CLERK OF COURT
    NANCY F. VEGA
    FREDERICKA H. WICKER
    CHIEF DEPUTY CLERK
    JUDE G. GRAVOIS
    MARC E. JOHNSON
    ROBERT A. CHAISSON                                                            SUSAN S. BUCHHOLZ
    STEPHEN J. WINDHORST
    FIRST DEPUTY CLERK
    HANS J. LILJEBERG
    JOHN J. MOLAISON, JR.                        FIFTH CIRCUIT
    MELISSA C. LEDET
    JUDGES                               101 DERBIGNY STREET (70053)
    DIRECTOR OF CENTRAL STAFF
    POST OFFICE BOX 489
    GRETNA, LOUISIANA 70054                (504) 376-1400
    (504) 376-1498 FAX
    www.fifthcircuit.org
    NOTICE OF JUDGMENT AND CERTIFICATE OF DELIVERY
    I CERTIFY THAT A COPY OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN DELIVERED
    IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 2-16.4 AND 2-16.5 THIS DAY
    DECEMBER 22, 2021 TO THE TRIAL JUDGE, CLERK OF COURT, COUNSEL OF RECORD AND ALL PARTIES
    NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:
    21-CA-628
    E-NOTIFIED
    40TH DISTRICT COURT (CLERK)
    HONORABLE NGHANA LEWIS (DISTRICT JUDGE)
    JOSEPHINE C. VANDERHORST (APPELLEE)  DOUGLAS L. HARVILLE (APPELLEE)
    MAILED
    LAURA LOCKER-MELANCON
    (APPELLANT)
    ATTORNEY AT LAW
    160 SOUTH ARDENWOOD DRIVE
    BATON ROUGE, LA 70806
    

Document Info

Docket Number: 21-CA-628

Judges: Nghana Lewis

Filed Date: 12/22/2021

Precedential Status: Precedential

Modified Date: 10/21/2024