Diane Williams-Beckwith v. Larry Donnell Beckwith ( 2021 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
DIANE WILLIAMS- BECKWITH NO. 2021 CW 0470
PAGE 1 OF 2
VERSUS
LARRY DONNELL BECKWITH JULY 22, 2021
In Re: Larry Donnell Beckwick, applying for supervisory
writs, Family Court Judicial District Court, Parish of
East Baton Rouge, No. 217328
BEFORE: WHIPPLE, C. J., WELCH AND WOLFE, JJ.
STAY DENIED; WRIT NOT CONSIDERED. The writ application
does not include a copy of the pleadings upon which the ruling
was founded, including the Petition for Judicial Partition of
Community Property; either party' s detailed descriptive list;
and the opposition to the petition, if any. See Rule 4- 5( C)( 8)
9) of the Uniform Rules of Louisiana Courts of Appeal.
Supplementation of this writ application and/ or an
application for rehearing will not be considered. Rules 2- 18. 7
4- 9, Uniform Rules of Louisiana Courts of Appeal.
In the event relator seeks to file a new application with
this court, it must contain all pertinent documentation and must
comply with Rule 2- 12. 2, Uniform Rules of Louisiana Courts of
Appeal. Any new application must be filed on or before August
21, 2021 and must contain a copy of this ruling.
VGW
EW
Welch, J., concurs in part and dissents in part. I concur
in the denial of the stay, but dissent and would reverse the
April 6, 2021 judgment denying the " Rule to Show Cause Why
Petitioner' s Sworn Detailed Descriptive List Should Not be
Deemed to Constitute a Judicial Determination" filed by
defendant, Larry Donnell Beckwith. The parties do not dispute
that plaintiff, Diane Williams -Beckwith, failed to file a timely
detailed descriptive list in accordance with La. R. S. 9: 2801.
Therefore, in accordance with La. R. S. 9: 2801, Mr. Beckwith
filed a rule to show cause why his detailed descriptive list
should not be deemed to constitute a judicial determination of
the community assets and liabilities. At the hearing on Mr.
Beckwith' s rule to show cause, the Family Court in & for the
Parish of East Baton Rouge had the option of either granting the
request or, for good cause shown, extending the time period for
filing a sworn detailed descriptive list. La. R. S.
9: 2801( A)( 1)( a). " Good cause" must constitute, " if not a
compelling reason, certainly a reason of such significance and
gravity that it would be inequitable to deny an extension."
Gauthier v. Gauthier, 2004- 198 ( La. App. 3d Cir. 11/ 10/ 04), 886
So. 2d 681, 684. Good cause exists when a party demonstrates an
impediment beyond its control that hampered its ability to meet
its deadlines. Id. at 685. However, courts have found no good
cause in situations where attorneys have missed a statutory
deadline through inadvertence or error or where the tardy filer
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
NO. 2021 CW 0470
PAGE 2 OF 2
cites lack of prejudice to the opposing party. Id. at 684- 85.
I find Ms. Beckwith -Williams failed to establish good cause for
her failure to timely submit a detailed descriptive list, and
therefore, I would grant Mr. Beckwith' s " Rule to Show Cause Why
Petitioner' s Sworn Detailed Descriptive List Should Not be
Deemed to Constitute a Judicial Determination" and deem his
detailed descriptive list a judicial determination of the
community assets and liabilities.
COURT OF APPEAL, FIRST CIRCUIT
DfVtity CLERK OF COURT
FOR THE COUIZT