C.M.J. v. L.M.C., wife of C.M.J.

Louisiana Court of Appeal

C.M.J. v. L.M.C., wife of C.M.J.

DecidedApril 4, 2023

Docket2023CW0228

StatusUnknown

This text of C.M.J. v. L.M.C., wife of C.M.J. (C.M.J. v. L.M.C., wife of C.M.J.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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C.M.J. v. L.M.C., wife of C.M.J., (La. Ct. App. 2023).

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STATE OF LOUISIANA COURT OF APPEAL, Fl .RST CIRCUIT 1

C.M.J NO. 2023 CW 0228 VERSUS L.M.C., WIFE OF C.M.J. APRIL 4, 2023

In Re: Richard Ducote, Esq., applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2011-13039.

BEFORE: GUIDRY, C.J., McCLENDON AND WELCH, JJ.

STAY DENIED; WRIT DENIED. JEW

Guidry, C.J., concurs. The criteria set forth in Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam), are not met.

Mcclendon, J., concurs in part and dissents in part. I concur with the denial of the stay; however, I find the trial court erred in relying on La. R.S. 13:4209, which has no applicability to the instant matter, where the trial court rendered and signed a judgment that was vacated by this court on appeal. Generally, the decision to re-open a case for the production of additional evidence rests within the sound discretion of the trial judge; further, there is no language in this court's prior remand order to suggest the trial court's new finding had to be based only on evidence already submitted. Accordingly, I would vacate the trial court's January 20, 2023 judgment sustaining the exception of no cause of action filed by C.M.J. and dismissing the motion to reopen the hearing filed by Richard Ducote and remand to the trial court for further consideration without reliance on La. R.,S. 13:4209.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT

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STATE OF LOUISIANA COURT OF APPEAL, Fl .RST CIRCUIT 1

C.M.J NO. 2023 CW 0228 VERSUS L.M.C., WIFE OF C.M.J. APRIL 4, 2023

In Re: Richard Ducote, Esq., applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2011-13039.

BEFORE: GUIDRY, C.J., McCLENDON AND WELCH, JJ.

STAY DENIED; WRIT DENIED. JEW

Guidry, C.J., concurs. The criteria set forth in Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam), are not met.

Mcclendon, J., concurs in part and dissents in part. I concur with the denial of the stay; however, I find the trial court erred in relying on La. R.S. 13:4209, which has no applicability to the instant matter, where the trial court rendered and signed a judgment that was vacated by this court on appeal. Generally, the decision to re-open a case for the production of additional evidence rests within the sound discretion of the trial judge; further, there is no language in this court's prior remand order to suggest the trial court's new finding had to be based only on evidence already submitted. Accordingly, I would vacate the trial court's January 20, 2023 judgment sustaining the exception of no cause of action filed by C.M.J. and dismissing the motion to reopen the hearing filed by Richard Ducote and remand to the trial court for further consideration without reliance on La. R.,S. 13:4209.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT

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C.M.J. v. L.M.C., wife of C.M.J., Counsel Stack Legal Research, https://law.counselstack.com/opinion/cmj-v-lmc-wife-of-cmj-lactapp-2023.

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