IN RE INTERDICTION OF NO. 23-C-544 GLORIA LANASA RASPANTI FIFTH CIRCUIT
COURT OF APPEAL
STATE OF LOUISIANA
January 18, 2024
Linda Wiseman First Deputy Clerk
IN RE GLORIA LANASA RASPANTI
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE R. CHRISTOPHER COX, III, DIVISION "B", NUMBER 839-194
Panel composed of Judges Marc E. Johnson, Stephen J. Windhorst, and Scott U. Schlegel
WRIT GRANTED In this writ application, relator, Gloria Lanasa Raspanti, seeks review of the
trial court’s interim judgment of October 4, 2023, in which the parties to an
interdiction proceeding were ordered to participate in a visitation plan granting
visitation with respondent, Joseph Raspanti, relator’s adult son.1 For the following
reasons, we grant the writ application, and vacate the second, third, and fifth
decretal paragraphs of the October 4, 2023 interim judgment related to visitation.
On March 29, 2023, respondent filed an action to interdict his 96-year-old
mother, Gloria Raspanti. Janine Raspanti, relator’s 70-year-old daughter who
serves as her primary in-home caretaker, intervened in the interdiction
1 Two appeals related to this writ application have also been filed: (1) In re Interdiction of Gloria Raspanti, No. 23-CA-557, filed by Janine Raspanti, appeals from the October 4, 2023 Interim Judgment; and (2) In re Interdiction of Gloria Raspanti, No. 23-CA-579, filed by Gloria Raspanti, seeks a suspensive appeal from the October 4, 2023 Interim Judgment. proceedings. Relator and intervenor have vigorously contested the interdiction.
The trial judge has not entered an order of interdiction.
After respondent filed the interdiction proceeding, disputes arose regarding
his attempts to visit relator at the home she shares with intervenor. On August 29,
2023, the parties entered into an Interim Consent Judgment, which provided that:
(1) respondent “shall enjoy visitation” with relator at her home at least once a week
on Thursday or Friday at 1:00 p.m. for up to two hours, “as determined by” relator;
(2) if relator wished, less restrictive visitation arrangements could be arranged; and
(3) relator could have anyone present at respondent’s visits, except intervenor.
The Interim Consent Judgment did not resolve the parties’ problems. On
September 21, 2023, the trial court heard respondent’s Motion for Contempt
against intervenor and his Motion for Access and Visitation Rights with relator.
On October 4, 2023, the trial court issued the interim judgment, which is the
subject of the pending writ application. The interim judgment orders, inter alia,
that:
Joseph Raspanti be given unfettered and fully-unrestricted access and visitation rights to see his mother, Gloria Raspanti, between the hours of 11:00 a.m. and 8:00 p.m. on any given day with each visit not to exceed two (2) hours at the residence located at . . ., and
as to any visit by Joseph Raspanti, that he contact Janine by phone and inform her of the time he will come to visit his mother, and notify her of any other family members that may be accompanying him. With her consent, Joseph Raspanti may remove his mother from her residence. If Gloria Raspanti clearly asserts that she does not wish to leave her residence for another location, Joseph Raspanti is obligated to comply with this request and confine his visit to that residence. Janine Raspanti shall not be physically present within one hundred (100) yards of the situs of any visit between Joseph and Gloria Raspanti.
Relator asserts that the trial court erred by issuing the interim judgment
because it improperly compels her to participate in visitation with respondent and
grants respondent “unfettered and fully-unrestricted access and visitation” with
her, without recognizing her right to associate with the persons of her choice. Relator further argues that the trial court erred in granting the Motion for Access
and Visitation Rights without meeting any of the requirements for a temporary or
preliminary interdiction or meeting the requirements of a restraining order.
Intervenor supports relator’s writ application and further argues that the judgment
improperly orders her to vacate the home where she lives with relator during
respondent’s visits.
Respondent argues that relator testified at the hearing that relator wants to
see him, and that there is no evidence that respondent has ever attempted to restrict
his mother’s travel, her wishes, or her right to see him or not see him. Respondent
asserts that he only wants the right to see his mother without the intervenor being
present.
The Court agrees with relator that the trial court exceeded its authority by
giving respondent “unfettered and fully-unrestricted access and visitation rights” to
see his mother. La. C.C. art. 27 provides that “[a]ll natural persons enjoy general
legal capacity to have rights and duties.” Relator has not been interdicted and is a
competent adult.
The case of In re Interdiction of Greenblatt, 01-300 (La. App. 5 Cir.
10/17/01), 800 So.2d 922, 925, is instructive. In Greenblatt, the plaintiff, filed a
petition for visitation alleging she should be allowed visits with her autistic adult
daughter who had already been interdicted. Her ex-husband, the curator, filed an
exception of no cause of action, which the trial court granted. On appeal, the
plaintiff conceded that “there is no statutory authority entitling an adult to court
ordered visitation with another adult,” but argued that she had a cause of action to
obtain an order of visitation. Id. at 924. This Court disagreed, affirming the trial
court’s grant of the curator’s exception of no cause of action:
The issue here is whether Ann’s Petition for Visitation states a valid cause of action for which the law affords a remedy. A review of Ann’s petition in light of the substantive law on interdiction in the light most favorable to her, and with every doubt resolved in her behalf, supports the trial court’s finding that the law does not afford a remedy to her.
Id. at 925. Just as the mother in Greenblatt had no cause of action to obtain an
order permitting her to visit her adult daughter, neither does respondent have a
right to a court order mandating that he be permitted to visit relator, especially over
her objection to the trial court’s interim judgment.
The trial court exceeded its authority by ordering respondent to have
unfettered access to relator during certain hours. Gloria Raspanti has not been
interdicted. Consequently, respondent does not have the right to obtain a court
order mandating that he be permitted to visit relator. Further, having determined
that respondent is not entitled to visitation, the portion of the order imposing
conditions and restrictions during respondent’s visits, including requiring
intervenor to leave the home, is moot.
Considering the foregoing, we vacate the second, third, and fifth decretal
paragraphs of the October 4, 2023 interim judgment related to visitation.
Gretna, Louisiana, this 18th day of January, 2024.
SUS MEJ SJW SUSAN M. CHEHARDY CURTIS B. PURSELL
CHIEF JUDGE CLERK OF COURT
SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C.
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IN RE INTERDICTION OF NO. 23-C-544 GLORIA LANASA RASPANTI FIFTH CIRCUIT
COURT OF APPEAL
STATE OF LOUISIANA
January 18, 2024
Linda Wiseman First Deputy Clerk
IN RE GLORIA LANASA RASPANTI
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE R. CHRISTOPHER COX, III, DIVISION "B", NUMBER 839-194
Panel composed of Judges Marc E. Johnson, Stephen J. Windhorst, and Scott U. Schlegel
WRIT GRANTED In this writ application, relator, Gloria Lanasa Raspanti, seeks review of the
trial court’s interim judgment of October 4, 2023, in which the parties to an
interdiction proceeding were ordered to participate in a visitation plan granting
visitation with respondent, Joseph Raspanti, relator’s adult son.1 For the following
reasons, we grant the writ application, and vacate the second, third, and fifth
decretal paragraphs of the October 4, 2023 interim judgment related to visitation.
On March 29, 2023, respondent filed an action to interdict his 96-year-old
mother, Gloria Raspanti. Janine Raspanti, relator’s 70-year-old daughter who
serves as her primary in-home caretaker, intervened in the interdiction
1 Two appeals related to this writ application have also been filed: (1) In re Interdiction of Gloria Raspanti, No. 23-CA-557, filed by Janine Raspanti, appeals from the October 4, 2023 Interim Judgment; and (2) In re Interdiction of Gloria Raspanti, No. 23-CA-579, filed by Gloria Raspanti, seeks a suspensive appeal from the October 4, 2023 Interim Judgment. proceedings. Relator and intervenor have vigorously contested the interdiction.
The trial judge has not entered an order of interdiction.
After respondent filed the interdiction proceeding, disputes arose regarding
his attempts to visit relator at the home she shares with intervenor. On August 29,
2023, the parties entered into an Interim Consent Judgment, which provided that:
(1) respondent “shall enjoy visitation” with relator at her home at least once a week
on Thursday or Friday at 1:00 p.m. for up to two hours, “as determined by” relator;
(2) if relator wished, less restrictive visitation arrangements could be arranged; and
(3) relator could have anyone present at respondent’s visits, except intervenor.
The Interim Consent Judgment did not resolve the parties’ problems. On
September 21, 2023, the trial court heard respondent’s Motion for Contempt
against intervenor and his Motion for Access and Visitation Rights with relator.
On October 4, 2023, the trial court issued the interim judgment, which is the
subject of the pending writ application. The interim judgment orders, inter alia,
that:
Joseph Raspanti be given unfettered and fully-unrestricted access and visitation rights to see his mother, Gloria Raspanti, between the hours of 11:00 a.m. and 8:00 p.m. on any given day with each visit not to exceed two (2) hours at the residence located at . . ., and
as to any visit by Joseph Raspanti, that he contact Janine by phone and inform her of the time he will come to visit his mother, and notify her of any other family members that may be accompanying him. With her consent, Joseph Raspanti may remove his mother from her residence. If Gloria Raspanti clearly asserts that she does not wish to leave her residence for another location, Joseph Raspanti is obligated to comply with this request and confine his visit to that residence. Janine Raspanti shall not be physically present within one hundred (100) yards of the situs of any visit between Joseph and Gloria Raspanti.
Relator asserts that the trial court erred by issuing the interim judgment
because it improperly compels her to participate in visitation with respondent and
grants respondent “unfettered and fully-unrestricted access and visitation” with
her, without recognizing her right to associate with the persons of her choice. Relator further argues that the trial court erred in granting the Motion for Access
and Visitation Rights without meeting any of the requirements for a temporary or
preliminary interdiction or meeting the requirements of a restraining order.
Intervenor supports relator’s writ application and further argues that the judgment
improperly orders her to vacate the home where she lives with relator during
respondent’s visits.
Respondent argues that relator testified at the hearing that relator wants to
see him, and that there is no evidence that respondent has ever attempted to restrict
his mother’s travel, her wishes, or her right to see him or not see him. Respondent
asserts that he only wants the right to see his mother without the intervenor being
present.
The Court agrees with relator that the trial court exceeded its authority by
giving respondent “unfettered and fully-unrestricted access and visitation rights” to
see his mother. La. C.C. art. 27 provides that “[a]ll natural persons enjoy general
legal capacity to have rights and duties.” Relator has not been interdicted and is a
competent adult.
The case of In re Interdiction of Greenblatt, 01-300 (La. App. 5 Cir.
10/17/01), 800 So.2d 922, 925, is instructive. In Greenblatt, the plaintiff, filed a
petition for visitation alleging she should be allowed visits with her autistic adult
daughter who had already been interdicted. Her ex-husband, the curator, filed an
exception of no cause of action, which the trial court granted. On appeal, the
plaintiff conceded that “there is no statutory authority entitling an adult to court
ordered visitation with another adult,” but argued that she had a cause of action to
obtain an order of visitation. Id. at 924. This Court disagreed, affirming the trial
court’s grant of the curator’s exception of no cause of action:
The issue here is whether Ann’s Petition for Visitation states a valid cause of action for which the law affords a remedy. A review of Ann’s petition in light of the substantive law on interdiction in the light most favorable to her, and with every doubt resolved in her behalf, supports the trial court’s finding that the law does not afford a remedy to her.
Id. at 925. Just as the mother in Greenblatt had no cause of action to obtain an
order permitting her to visit her adult daughter, neither does respondent have a
right to a court order mandating that he be permitted to visit relator, especially over
her objection to the trial court’s interim judgment.
The trial court exceeded its authority by ordering respondent to have
unfettered access to relator during certain hours. Gloria Raspanti has not been
interdicted. Consequently, respondent does not have the right to obtain a court
order mandating that he be permitted to visit relator. Further, having determined
that respondent is not entitled to visitation, the portion of the order imposing
conditions and restrictions during respondent’s visits, including requiring
intervenor to leave the home, is moot.
Considering the foregoing, we vacate the second, third, and fifth decretal
paragraphs of the October 4, 2023 interim judgment related to visitation.
Gretna, Louisiana, this 18th day of January, 2024.
SUS MEJ SJW SUSAN M. CHEHARDY CURTIS B. PURSELL
CHIEF JUDGE CLERK OF COURT
SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400
(504) 376-1498 FAX www.fifthcircuit.org
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23-C-544 E-NOTIFIED 24th Judicial District Court (Clerk) R. Christopher Cox, III (DISTRICT JUDGE) Albert J. Derbes, IV (Respondent) Yvette A. D'Aunoy (Relator) Arthur D. Dupre, Jr. (Respondent) Brett M. Dupuy (Relator) Eric J. Derbes (Respondent) Jerry W. Sullivan (Respondent)
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