John J. Favaloro v. Melissa Lynn Favaloro ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
JOHN J. FAVALORO NO. 2020 CW 0582
VERSUS
MELISSA LYNN FAVALORO JULY 21, 2020
In Re: Melissa Lynn Favaloro, applying for supervisory writs
and request for stay, 22nd Judicial District Court,
Parish of St. Tammany, No. 2016- 14514.
BEFORE: McDONALD, McCLENDON, WELCH, THERIOT, AND HOLDRIDGE,
JJ.
STAY GRANTED; WRIT GRANTED WITH ORDER. The district
court' s January 16, 2020 judgment contained a contempt ruling,
but did not include all of the punishment imposed by the court
for such contempt. On February 10, 2020, this court found that
in order for the judgment of contempt to be a final, appealable
judgment, it must include an order finding Melissa Favaloro to
be in contempt and specify the sanctions for such contempt,
including the amount of attorneys' fees. The district court' s
February 11, 2020 judgment included a portion of the punishment,
but lacked the original contempt ruling. The district court is
instructed to prepare and sign one judgment incorporating its
rulings on the motion for contempt and the punishment for such
contempt. The district court proceedings as to the contempt are
stayed until such judgment is signed and notice of such judgment
is issued.
JEW
GH
McClendon, J., concurs.
McDonald and Theriot, JJ., dissent. The district court' s
January 16, 2020 and February 11, 2020 judgments are final,
appealable judgments. See La. Code Civ. P. art. 1915( A)( 6).
Therefore, we would grant the writ for the limited purpose of
remanding the case to the district court with instructions to
grant relator an appeal pursuant to the pleading that notified
the district court of relator' s intention to seek writs. See In
re Howard, 541 So. 2d 195, 197 ( La. 1989) ( per curiam).
COURT OF APPEAL, FIRST CIRCUIT
b1 • S" VJ
DEPUTY CLERK OF COURT
FOR THE COURT