Goodwin v. Goodwin

618 So. 2d 579, 1993 WL 141216
CourtLouisiana Court of Appeal
DecidedMay 5, 1993
Docket24588-CA
StatusPublished
Cited by53 cases

This text of 618 So. 2d 579 (Goodwin v. Goodwin) 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.

Bluebook
Goodwin v. Goodwin, 618 So. 2d 579, 1993 WL 141216 (La. Ct. App. 1993).

Opinion

618 So.2d 579 (1993)

Mark Anthony GOODWIN, Plaintiff-Appellee,
v.
Georgiana Russo GOODWIN, Defendant-Appellant.

No. 24588-CA.

Court of Appeal of Louisiana, Second Circuit.

May 5, 1993.

*582 Keene & Glassell, by J. Ransdell Keene, Shreveport, for defendant-appellant.

James L. Fortson, Shreveport, for plaintiff-appellee.

Before VICTORY, BROWN and WILLIAMS, JJ.

VICTORY, Judge.

This case involves a trial of multiple rules filed by Mark Goodwin and Georgiana Goodwin concerning the custody of their two minor children. Ms. Goodwin appeals the trial court's judgment granting Mr. Goodwin (1) sole custody of the children and (2) provisional use and occupancy of the former matrimonial domicile, together with all community movables located therein. We affirm the trial court judgment.

FACTS

The parties physically separated on April 14, 1990 when Mr. Goodwin moved out of the family home. Thereafter, both parties filed actions for legal separation which included incidental demands pertaining to alimony, child custody and use of the family home. These actions were consolidated and on August 30, 1990, a consent judgment was entered granting, among other things, joint custody to the parties with Ms. Goodwin designated as domiciliary parent, and use and occupancy of the family home to Ms. Goodwin. This judgment was signed on November 12, 1990.

On November 27, 1990, Mr. Goodwin filed a rule for contempt, claiming Ms. Goodwin violated the terms of the joint custody plan. On December 4, 1990, the trial court found Ms. Goodwin in contempt for her repetitive harassment of Mr. Goodwin. Finding Ms. Goodwin intentionally did not comply with the provisions of the joint custody plan, the court sentenced her to five days in the parish jail, which was suspended subject to her good behavior for one year.

On March 6, 1991, Mr. Goodwin filed a rule for contempt, a change of custody, and use and occupancy of the family home. On April 9, 1991, the trial court appointed Dr. Donita Gothard, a psychologist, to examine the litigants and their children. Ms. Goodwin also filed a rule seeking (1) an award of sole custody; (2) authorization to remove the children to Florida; (3) increase in child support; and (4) to have Mr. Goodwin held in contempt for violation of an injunction previously issued by the court. Thereafter, the parties were divorced on June 20, 1991, but the issues pertaining to custody, use and occupancy of the family home, and contempt were scheduled for trial August 29, 1991.

On August 29, 1991, the court began hearing evidence pertaining to the rules filed by both parties. Prior to trial, the trial court entered an oral order of trial pursuant to LSA-C.C.P. Art. 1631, in which he limited the trial to eight days, later allocating equal time to each litigant.

FINDINGS OF THE TRIAL COURT

In a lengthy opinion, the trial judge awarded Mr. Goodwin sole custody of the children finding that Ms. Goodwin was not willing, nor able, to facilitate and encourage a close and continuing parent-child relationship between Mr. Goodwin and the children. The court found that Ms. Goodwin's degree of animosity demonstrated toward *583 Mr. Goodwin could not support an award of joint custody, due to the lack of proper communication and a barrage of inappropriate statements by Ms. Goodwin about Mr. Goodwin, frequently in front of the children. The court also awarded Mr. Goodwin provisional use of the former matrimonial domicile and all community movables therein, noting that a prior award under LSA-R.S. 9:374(B) can be modified in the best interest of the family. Both contempt rules were dismissed.

TIME LIMITATIONS PURSUANT TO LSA-C.C.P. ART. 1631

On appeal, Ms. Goodwin claims the trial judge erred by limiting the trial to eight days, and her trial time to 15.7 hours for the presentation of her evidence. Appellant claims her due process rights under La. Const. Art. 1 § 22[1] have been violated, in that she was denied a full and complete trial. She claims that due to the time constraints imposed, she was unable to call several witnesses she otherwise would have called.

LSA-C.C.P. Art. 1631 provides in relevant part:

A. The court has the power to require that the proceedings shall be conducted with dignity and in an orderly and expeditious manner, and to control the proceedings at the trial, so that justice is done.

The court's power under LSA-C.C.P. Art. 1631 to control trial proceedings is limited by the phrase "so that justice is done." Further, the due process clauses of the Louisiana Constitution and the Fourteenth Amendment to the United States Constitution guarantees litigants a right to a fair hearing. However, "due process" does not mean litigants are entitled to an unlimited amount of the court's time.

With today's overcrowded dockets, some trial judges, seeking to cut down the length of trials in cases pending before them, have imposed time limits on litigants for the presentation of evidence. Since we have been unable to locate any cases that have specifically discussed this issue under Louisiana law, we use this occasion to set down some general guidelines to be followed by state trial judges in cases where it is felt time limits on the presentation of evidence should be imposed. See "The Hour Glass and Due Process: The Propriety of Time Limits on Civil Trials," 26 University of San Francisco Law Review, 237 (Winter, 1992).

First, we recognize that a litigant generally has a right to present all evidence that he or she possesses with regard to a contested issue at trial that is relevant, admissible, and not cumulative. However, this right is not without exception. L.C.E. Art. 403 provides that relevant evidence may be excluded if its probative value is substantially outweighed by considerations of undue delay or waste of time. The power granted by the Legislature to a judge in LSA-C.C.P. Art. 1631 to require proceedings to be conducted in an "expeditious manner ... so that justice is done" may also be used by a trial judge to ensure that the relevant, admissible, noncumulative evidence is presented in such a way that time will not be unnecessarily wasted.

Second, before imposing time limitations in a case, the trial judge should be thoroughly familiar with the case through pretrial proceedings, including status and pretrial conferences, and discovery. The judge should be familiar with the claims of the parties, the proposed testimony and number of witnesses, and the documentary evidence to be presented. Each litigant should be required to estimate the length of his or her case, and if necessary, the amount of time needed for each witness. Armed with this information, the trial judge should be in a good position to set reasonable time limits for the presentation of the evidence, rather than arbitrary time limits. This is not to suggest that the *584 court should impose limits solely based on the time estimates of the litigants. The judge's familiarity with the case, the propensities of the attorneys involved to waste or conserve time, and the status of his or her caseload are other factors that a court may consider in determining the amount of time that will be allowed for the presentation of the evidence.

Third, if they are used, time limits should normally be imposed on all parties, before any party presents any evidence, and sufficiently in advance of trial for the litigants to prepare for trial within the limits imposed.

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Bluebook (online)
618 So. 2d 579, 1993 WL 141216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodwin-v-goodwin-lactapp-1993.