Kaitlyn Lebouef Aguillard v. Caleb K. Aguillard

• Court: Louisiana Court of Appeal
• Decided: March 4, 2020
• Docket: CA-0020-0064
• Status: Unknown

Opinion

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

CA 20-64

KAITLYN LEBOUEF AGUILLARD

VERSUS

CALEB K. AGUILLARD

**********

APPEAL FROM THE TWENTY-SEVENTH JUDICIAL DISTRICT COURT PARISH OF ST. LANDRY, NO. 18-C-5082-A HONORABLE JAMES PAUL DOHERTY JR., DISTRICT JUDGE

SYLVIA R. COOKS

JUDGE

Court composed of Sylvia R. Cooks, Billy H. Ezell and Van H. Kyzar, Judges.

MOTION TO SUSPEND BRIEFING DEADLINES DENIED.

Jack Derrick Miller Attorney at Law P. O. Drawer 1650 Crowley, Louisiana 70526 (337) 788-0768 COUNSEL FOR DEFENDANT/APPELLANT: Caleb K. Aguillard Dyan Schnaars Attorney at Law 3639 Ambassador Caffery # 333 Lafayette, Louisiana 70503 (337) 534-4326 COUNSEL FOR PLAINTIFF/APPELLEE: Kaitlyn Lebouef Aguillard

Geralyn Siefker Attorney at Law 210 West Main Street Lafayette, Louisiana 70501 (337) 534-4326 COUNSEL FOR PLAINTIFF/APPELLEE: Kaitlyn Lebouef Aguillard

Caleb Kent Aguillard Attorney at Law 141 South 6th Street Eunice, Louisiana 70535 (337) 457-9331 COUNSEL FOR DEFENDANT/APPELLANT: Caleb K. Aguillard COOKS, Judge.

Plaintiff-Appellee, Caitlyn Lebouef (formerly, Caitlyn Lebouef Aquillard)

moves this court to suspend the briefing deadlines for the instant appeal. For the

reasons given herein, we deny the motion.

This case involves domestic proceedings between Plaintiff and Defendant,

Caleb Kent Aquillard. Plaintiff notes that in addition to the instant appeal, there is

also another appeal pending in this case under this court’s docket number CA19-757.

Via appeal number 19-757, Defendant seeks review of a July 10, 2019 judgment

whereby the trial court granted a protective order against him under the Domestic

Abuse Assistance Act, La.R.S. 46:2131, et seq. Via the instant appeal, Defendant

seeks review of a November 15, 2019 judgment whereby the trial court granted the

parties a divorce pursuant to La.Civ.Code art. 103(5) and granted a non-expiring

injunction pursuant to La.R.S. 9:372.1, prohibiting the Defendant from harassing

Plaintiff.

Plaintiff argues that the briefing deadlines for the filing of the appellate briefs in

the instant appeal should be suspended until after this court has rendered its ruling in

the appeal which has been filed under docket number 19-757 because the instant

appeal could be rendered moot if this court issues a ruling in appeal number 19-757

upholding the trial court’s July 10, 2019 issuance of the injunction pursuant to La.R.S.

46:2136. Plaintiff contends that if necessary, the briefing deadlines for the instant

appeal can be re-fixed after this court has rendered a ruling for appeal number 19-757.

However, Defendant opposes Plaintiff’s motion to suspend the briefing

deadlines for the instant appeal. Defendant asserts that the two judgments at issue in

the two appeals are independent of one another and rely on two separate sources of

law. Defendant maintains that although he has no history of violence, the trial court

has imposed a lifetime injunction against him based on Plaintiff’s allegedly false

claims of abuse. Defendant contends that the non-expiring injunction that is at issue in the instant appeal permanently labels him as a domestic abuser, deprives him of his

constitutional right to bear arms, and impinges on his freedom of speech. Thus,

Defendant argues that delaying the instant appeal will not serve the interest of justice,

but rather, would be unnecessarily punitive and unjustifiably prejudicial for him.

We note that Defendant has correctly pointed out that the instant appeal and the

appeal filed under docket number 19-757 involve two separate protective orders

which have been issued pursuant to two distinct statutory provisions. We decline to

delay the progress of the instant appeal based on speculation as to how this court will

resolve the appeal that has been filed under docket number 19-757. Therefore, at this

time, we hereby deny Plaintiff’s motion to suspend the briefing deadlines for the

instant appeal.

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION. Rule 2-16.3 Uniform Rules, Court of Appeal.