Diane Williams-Beckwith v. Larry Donnell Beckwith

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

DIANE WILLIAMS- BECKWITH NO. 2021 CW 1021

VERSUS

LARRY DONNELL BECKWITH NOVEMER 29, 2021

In Re: Larry Donnell Beckwith, applying for supervisory writs, Family Court in and for the Parish of East Baton Rouge, No. 217328.

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

STAY DENIED; WRIT DENIED.

JMG

Holdridge, J., concurs in part and dissents in part. I agree that the district court did not abuse its discretion in 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. However, I would remand this matter to the district court with

instructions to consider whether Mr. Beckwith should be awarded

attorney fees and costs in accordance with La. R. S. 9: 2801( C) in light of the fact that he was required to file a motion prior to Ms. Williams -Beckwith filing her detailed descriptive list.

Chutz, J., dissents. I would reverse the district court' s

judgment denying Mr. Beckwith' s rule to show cause.

Following

service of Mr. Beckwith' s rule to show cause, Ms. Williams - Beckwith did not file her own detailed descriptive list until

nearly 130 days after being served with the petition, which is well beyond the 45 - day period that La. R. S. 9: 2801 provides for a response. I further find that Ms. Williams -Beckwith failed to establish good cause for her failure to her timely submit

detailed descriptive list. Accordingly, I would grant Mr. Beckwith' s rule to show cause and deem his detailed descriptive list a judicial determination of the community assets and

liabilities.

COURT OF APPEAL, FIRST CIRCUIT

DEP TY C ERK OF COURT FOR THE COURT