Fletcher v. Scorza

2010 Ark. 64, 359 S.W.3d 413, 2010 Ark. LEXIS 83
CourtSupreme Court of Arkansas
DecidedFebruary 12, 2010
DocketNo. 09-561
StatusPublished
Cited by26 cases

This text of 2010 Ark. 64 (Fletcher v. Scorza) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fletcher v. Scorza, 2010 Ark. 64, 359 S.W.3d 413, 2010 Ark. LEXIS 83 (Ark. 2010).

Opinions

PAUL E. DANIELSON, Justice.

liAppellant Angie Fletcher appeals from the circuit court’s order appointing appel-lee Kevin Scorza guardian of J.F., a minor. Ms. Fletcher first appealed the circuit court’s decision to our court of appeals, which reversed the order of guardianship. See Fletcher v. Scorza, 2009 ArkApp. 372, 2009 WL 1232100 (unpublished). Mr. Scorza petitioned this court for review, which we granted. When we grant a petition for review, we consider the appeal as though it had originally been filed in this court. See Roberts v. Roberts, 2009 Ark. 567, 349 S.W.3d 886. Ms. Fletcher’s sole point on appeal is that there was insufficient evidence to support Mr. Scorza’s third-party petition for guardianship. We affirm the circuit court’s order.

On January 3, 2008, Mr. Scorza filed an amended petition for the appointment of a guardian over the person and estate of J.F. The petition stated that J.F. was ten years old and that Mr. Scorza was “interested in obtaining guardianship of the named incapacitated person 12by reason of the petitioner’s eight (8) year in loco par-entis relationship with the incapacitated person and because the biological parents of the incapacitated person have not been able to care for him or have not been willing to care for him.” On January 7, 2008, Mr. Scorza filed a petition for ex parte emergency relief, and that same day, the circuit court entered an order appointing Mr. Scorza temporary guardian of J.F. and scheduling a hearing on whether the temporary guardianship would continue.

On January 10, 2008, the circuit court held that hearing. Mr. Scorza testified that J.F. was the son of Ms. Fletcher, who was the mother of his two other children.1 He testified that he, along with J.F. and his other two children, first came to Arkansas from New Orleans in 2005, due to Hurricane Katrina, and stayed because they could not return after the hurricane. He testified that in December 2007, Ms. Fletcher called him, told him that she had finished school, and requested that the children come back to New Orleans to be with her. He further testified that J.F. had lived with him since August 2005 and that he had been J.F.’s sole provider since then. He stated that although Ms. Fletcher had not provided any financial support to him, she had purchased gifts for the children at Christmas and on their birthdays. He further stated that he had been paying Ms. Fletcher child support since 2005 for their two children, but that the payments had recently ceased.

Mr. Scorza testified that two or three weeks after his child-support obligation ceased, |HMs. Fletcher asked for the children to come back to New Orleans and, then, she came and got them. Mr. Scorza testified that Ms. Fletcher then called him and asked him to “pack up all their clothing.” He further testified that Ms. Fletcher refused to tell him where she was living or where the children would be going to school.

With respect to J.F.’s natural father, Mr. Scorza testified that he did not know who he was, had never met him, nor did he know his name. He testified that to his knowledge, J.F.’s natural father had never provided any support for J.F., nor attempted to contact him. Mr. Scorza stated that he came into J.F.’s life in 1999, when J.F. was slightly older than one year.

Mr. Scorza testified that he lived with Ms. Fletcher and J.F. from 1999 until the beginning of 2005. He testified that after moving out, he had all three children on the weekends and overnight, because Ms. Fletcher had started working overnight. He stated that the arrangement continued until he moved out of New Orleans because of the hurricane.

Mr. Scorza testified that J.F. had never lived apart from his half-siblings and that the three children had a close relationship. He testified that J.F. was currently enrolled in school and was battling a learning disability, for which he was receiving special tutoring. Mr. Scorza further stated that J.F. had medical insurance coverage here in Arkansas, through ARKids, and that Mr. Scorza had covered all remaining expenses. He also testified that he and his mother provided J.F.’s religious instruction, although he was unable to recall the name of the church that they attended. On cross-examination, Mr. Scorza testified that the last order entered in Louisiana gave Ms. Fletcher custody of the children and required him to pay child support to |4her; however, the circuit court clarified that there was no order in place for J.F.

Ms. Fletcher also testified. She stated that she currently lived in Metairie, Louisiana, and that she had not previously provided that information to Mr. Scorza. She testified that the child support she had received from Mr. Scorza had been returned to him by means of purchasing items for the children or by transfer into one of his bank accounts. She further testified that she would send items for J.F. that she knew were needed on a regular basis, such as clothing, shoes, and money. She testified that when Mr. Scorza called her to request extra money, she would do her best to send it.

She also testified that she spoke with Mr. Scorza’s mother about coming to pick the children up in December. She stated that she often tried to call the house to speak to the children, but no one would answer. She testified that when she then called from a different number than her own, someone would answer the phone. She stated that she did not need Mr. Scor-za to serve as a guardian of J.F. and that J.F. did not need Mr. Scorza to be his guardian. She testified that she was in a position to provide for J.F., as she had recently graduated from nursing school and had accepted an offer as a beginning registered nurse. On cross-examination, Ms. Fletcher testified that she had been to Arkansas nine or ten times to see the children. She testified that she was currently living with her fiancé and that they slept in the same room together when the children were there.

At the conclusion of the hearing, the circuit court continued the order of temporary guardianship in favor of Mr. Scorza for ninety days. On April 15, 2008, the circuit court held |fia hearing regarding a permanent order of guardianship. During that hearing, Mr. Scorza’s mother, Barbara, testified that Mr. Scorza and Ms. Fletcher moved in together in 1998 or 1999 in New Orleans, Louisiana. She testified that Mr. Scorza moved back in with her in 2005 and that, at that time, the children would spend the weekends with them. She testified that, several months later, they also started spending the nights throughout the week with them. She testified that this arrangement continued for a few months until they fled New Orleans.

Mr. Scorza testified that he “broke up” with Ms. Fletcher in 2003. He testified that, at that time, the children came over for the weekends, but, in 2005, the children began coming over at night, when Ms. Fletcher started working overnight. He stated that Ms. Fletcher would pick the children up in the morning, take them to school, pick them up from school, and bring them to him around 9:00 p.m. Mr. Scorza acknowledged that Ms. Fletcher sent birthday and Christmas gifts to J.F. and that she called the children “every single day.” He further testified that it was about six or seven months prior to Katrina that he began watching the children overnight while Ms. Fletcher worked.

Ms. Fletcher also testified, stating that she was a lifelong resident of New Orleans and that both she and Mr.

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2010 Ark. 64, 359 S.W.3d 413, 2010 Ark. LEXIS 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fletcher-v-scorza-ark-2010.