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

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