Meryl McDougald Madere v. Roch Michael Madere

• Court: Louisiana Court of Appeal
• Decided: September 19, 2019
• Docket: 2019CW0567
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

MERYL MCDOUGALD MADERE NO. 2019 CW 0567

VERSUS

ROCH MICHAEL MADERE SEP 19 2019

In Re: Roch Michael Madere, applying for supervisory writs,

20th Judicial District Court, Parish of West Feliciana, No. 23383.

BEFORE: WHIPPLE, C. J., GUIDRY AND CRAIN, JJ.

WRIT DENIED.

WJC

Whipple, C. J., concurs and would deny the writ application

on the showing made.

Guidry, J., dissents in part, concurs in part. Although no

evidence was submitted to support the relator' s, Roch Michael

Madere' s, exception of lis pendens, the petition for divorce and determination of matters ancillary to divorce filed by Meryl

McDougald Madere in this matter on November 13, 2018 alleges

that the relator filed a petition for divorce pursuant to La.

Civ. Code art. 102 and requested custody of the parties' minor

children in St. Charles Parish on November 2, 2018.

Accordingly, I would grant the writ in part, reverse the trial

court' s December 12, 2018 judgment denying the relator' s

exception of lis pendens as to Meryl McDougald Madere' s causes

of actions for divorce pursuant to La. Civ. Code art. 102 and

custody of the minor children, and would dismiss those claims.

See D' Angelo v. D' Angelo, 2005- 0553 ( La. App. 1st Cir. 3/ 29/ 06), 934 So. 2d 119, 120, writ denied, 2006- 0995 ( La. 6/ 16/ 06), 929 So. 2d 1293. I concur with the denial of the writ as to the trial court' s December 12, 2018 judgment denying the relator' s

exception of lis pendens as to Meryl McDougald Madere' s causes

of action for spousal support, partition of community property, use and occupancy of the former matrimonial domicile, use and

possession of movable community property, injunctive relief

prohibiting the relator from alienating or encumbering community property or terminating utility service or insurance on

community property, and injunctive relief prohibiting the

relator from harassing her, as there was no evidence admitted at the December 12, 2018 hearing on the exception to suggest that

those claims were raised by the relator in the St. Charles Parish action.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT