State of Louisiana in the Interest of M.C. and C.C. ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA, IN THE NO. 2020 CW 0877
INTEREST OF M. C. AND C. C.
SEPTEMBER 21, 2020
In Re: M. C. and C. C., applying for supervisory writs and
request for stay, Denham Springs City Court, Parish of
Livingston, No. 12259.
BEFORE: McDONALD, HOLDRIDGE, AND PENZATO, JJ.
STAY DENIED; WRIT GRANTED IN PART WITH ORDER AND DENIED IN
PART. The portion of the trial court' s September 16, 2020 order
which ordered the children, M. C. and C. C., to pay the costs of
appeal is vacated. If a child desires a transcript for appeal,
he or his parents shall pay the cost of transcription of the
record unless the court determines that the child and his
parents lack means to pay such cost. La. Ch. Code arts. 710( D)
and 335( D). Pursuant to La. Ch. Code art. 320( A), for purposes
of the appointment of counsel, children are presumed to be
indigent. Accordingly, the children, M. C. and C. C., lack the
means to pay the costs of transcribing the hearing for purposes
of their pending appeal, and the appeal is ordered to proceed
without the children paying the appeal costs. This matter is
remanded to the trial court for purposes of determining whether
the parents have the means topay such costs. See State in
Interest of T. H., Jr., 2012-- 1012 ( La. 11/ 9/ 12), 100 So. 3d 823,
824. This writ application is denied in all other respects.
While La. Ch. Code art. 336 provides that a suspensive appeal
shall not suspend the execution of a judgment insofar as the
judgment relates to custody, nonetheless, the trial court' s
September 15, 2020 order provides that the appeal is suspensive
in nature.
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AHP
CQUaT OF APPEAL, FI ST CIRCUIT
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DEPUTY CL RFi OF COURT
FOR THE COURT