In re L. D. B.

228 So. 3d 296, 2017 WL 4401841
CourtLouisiana Court of Appeal
DecidedOctober 4, 2017
DocketNO. 17-CA-373
StatusPublished
Cited by4 cases

This text of 228 So. 3d 296 (In re L. D. B.) 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
In re L. D. B., 228 So. 3d 296, 2017 WL 4401841 (La. Ct. App. 2017).

Opinion

JOHNSON, J.,

| iln this intrafamily adoption case, the biological mother appeals the judgment of the juvenile court finding that her consent was not required for the adoption. For the following reasons, we dismiss the appeal.

FACTS & PROCEDURAL HISTORY

Appellant, K.L., and C.B., who were never married, had a child, E.B., together on July 1, 2005. The parties parted ways in 2009, when E.B. was four years old. From 2009 until 2014, the parties shared, joint custody of E.B., with K.L. as the domiciliary parent and C.B. having visitation every other weekend and holidays. In 2014, after an apparent contentious custody battle, C.B. became the domiciliary parent and K.L. had visitation.1

After separating from K.L., C.B. married L.B. in September 2009. On February 24, 2017, L.B. and C.B. filed a petition for intrafamily adoption in Juvenile Court for the Parish of Jefferson, wherein L.B. sought to adopt E.B. The parties alleged that E.B.’s biological mother, K.L., who had not consented to the adoption and whose parental rights had not been terminated, had failed to visit or attempt to communicate with E.B. for a period of ten months and had failed to pay court ordered child support for more- than one year. As such, the parties asserted that K.L.’s consent was not required for the adoption. The parties further averred it was in E.B.’s best interest that she.be adopted by L.B.

K.L. filed an opposition to the petition for intrafamily adoption, claiming that C.B. and L.B. had denied her contact with E.B. despite her repeated attempts since August 2015. K.L. admitted that she had been in arrears for her child support obligation, but asserted that she had made payments and continues■ to make' efforts lato reduce her arrearages and meet her obligation. K.L. alleged the petition for-adoption was an abuse of process in the ongoing custody disputé in the 24th Judicial District Court (“24th JDC”).

The juvenile court conducted a heating on the opposition to the adoption on May 8, 2017. At the hearing, C.B. and L.B. testified in support of their petition and introduced evidence consisting of various emails between C.B. and K.L.; a visitation calendar kept by C.B.; documentation regarding K.L.’s' child support obligation and arrears; a police report showing a child custody disturbance on February 10, 2017 at which time K.L. .was arrested on an outstanding attachment; a Valentine’s Day card and Mother’s Day card given to L.B. by E.B.; and a letter from E.B,’s court appointed attorney indicating that K.L. was not agreeable to meet to discuss school holiday visitation. Additionally, the court examined E.B. in chambers in the presence of counsel..

To oppose the petition, K.L. offered her own testimony along with the testimony of her mother, a friend, LJB.’s brothér and sister-in-law, and L.B.’s ex-husband. K.L. also introduced into evidence more emails between herself and C.B., photographs showing her house and EJB.’s room at her house, as well as photographs of E.B. with K.L. and family, and a letter from Kerry Nesbit with Behavioral Health Solutions of Louisiana indicating • that K.L. had been diagnosed with post-traumatic stress disorder, major depressive disorder and borderline personality disorder and had been treating at the clinic since August 6, 2016.

The juvenile court rendered judgment at the conclusion of the hearing, which was reduced to writing the same day, denying KL.’s opposition to the petition for intra-family adoption, specifically finding that C.B. and L.B. proved by clear and convincing evidence that K.L. had failed to support and visit her child for a period in excess of six months and that her consent was not required for the adoption to proceed. In explaining its ruling, the court stated that it had reviewed lathe 24th JDC child custody record, noting that it was “two large volumes and a third not-so-large volume.” The court extensively referred to an evaluation that was conducted in September 2013 in the child custody case in which E.B.’s therapist reported certain concerns. In ruling from the bench, the' court explicitly stated that it was in E.B.’s best interest for the adoption to go forward; however, the court did not render a final decree granting or denying the petition for adoption. Instead, the court explained:

It is my policy to wait the time limit to see if this decision will be appealed before I actually go forward with the final degree [sic]' of adoption, and I am going to do that in this case. I will set a tentative date for the adoption hearings in approximately 30 days.

Thereafter, K.L. filed a motion for a suspensive appeal from thfe May 8, 2017 judgment “decreeing the. adoption of E.J.B. in favor of [L.B.j,” which the juvenile court granted.

ISSUES

On appeal; K.L. argues the trial court erred in granting the adoption of E.B. to L.B. and in severing her parental rights. Additionally, she asserts the trial court erred in finding K.L. was without just cause for not visiting and communicating ■with E.B.

JURISDICTION

Before considering the merits of any appeal, appellate courts have the duty to determine sua sponte whether subject matter jurisdiction exists, even when the parties do not raise the issue. Lynch-Ballard v. Lammico Ins. Agency Inc., 13-475 (La. App. 5 Cir. 11/19/13); 131 So.3d 908, 910. This Court’s appellate jurisdiction extends only to final judgments. Alvarez v. LeBlanc, 08-247 (La. App. 5 Cir. 9/30/08); 996 So.2d 517, 520, citing La. C.C.P. art. 2083. A final judgment is one that determines the merits in whole or in part, while an interlocutory judgment is one that does not determine the merits, but only preliminary matters in the course l4of the action. La. C.C.P.' art. 1841. While a final judgment is appealable, an interlocutory judgment is appealable only when expressly provided by law.2 La. C.C.P. art. 2083.

A judgment that only partially determines the merits of the action is a partial final judgment, and therefore only appeal-able if authorized by La. C.C.P. art. 1915. Article 1915 provides six situations, none of which exist in this case, where a judgment that does not grant the successful party all of the requested relief or adjudicate all of the issues may still constitute a final judgment. Even so, a partial final judgment is only appealable if “it is designated as a final judgment by the court after an express determination that there is no just reason for delay.” La. C.C.P. art 1915(B)(1).

,, The written judgment in this case expressly found that “as a matter of law,” under La. Ch.C. art. 1245, “K.L.’s consent to the adoption of E.J.B. by her stepmother is not required for the adoption to proceed.” It further stated:

IT IS ORDERED, ADJUDGED AND DECREED that the opposition to the adoption of E.J.B. is hereby denied.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Final Decree on the adoption of E.J.B. shall proceed-accordingly.

Despite K.L.’s representations on appeal, the judgment does not explicitly grant or deny the adoption and it does not terminate KL.’s parental rights3; therefore, it does not' constitute a final judgment.

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228 So. 3d 296, 2017 WL 4401841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-l-d-b-lactapp-2017.