Paschal v. Hazlinsky

803 So. 2d 413, 2001 WL 1626917
CourtLouisiana Court of Appeal
DecidedDecember 19, 2001
Docket35,513-CA, 35,514-CA
StatusPublished
Cited by8 cases

This text of 803 So. 2d 413 (Paschal v. Hazlinsky) 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
Paschal v. Hazlinsky, 803 So. 2d 413, 2001 WL 1626917 (La. Ct. App. 2001).

Opinion

803 So.2d 413 (2001)

Eva PASCHAL, Plaintiff/Appellee,
v.
Teresa HAZLINSKY, Defendant/Appellant.
Eva Paschal, Plaintiff/Appellee,
v.
Annie Ruth Paschal, Defendant/Appellant.

Nos. 35,513-CA, 35,514-CA.

Court of Appeal of Louisiana, Second Circuit.

December 19, 2001.

*415 Walter M. Caldwell, IV, West Monroe, Counsel for Appellants.

Rickey R. Hudson, New Orleans, Counsel for Appellee.

Before STEWART, GASKINS & PEATROSS, JJ.

PEATROSS, J.

This appeal arises out of a domestic disturbance that occurred on April 5, 2001. The hearing officer issued protective orders against Teresa Hazlinsky and Annie Ruth Paschal and assessed them with various medical costs arising out of the domestic dispute with their mother, Plaintiff Eva Paschal. A same-day appeal was granted, but Teresa and Annie Ruth, who were proceeding pro se, did not appear at the appeal hearing. When the matter was called for review by District Judge Michael J. Ingram and the daughters were not present, Judge Ingram ordered a 15-minute recess for court personnel to look for Teresa and Annie Ruth. When the daughters could not be located, Judge Ingram affirmed the recommendations of the hearing officer in toto, making such recommendations the judgment of the district court. Teresa and Annie Ruth subsequently hired an attorney, who filed a Motion for Appeal which contained an objection to the ruling of the hearing officer and a request for appeal. Judge Ingram denied the motion, noting on the order that, because Teresa and Annie Ruth failed to appear at the same-day appeal hearing, the ruling of the hearing officer had become the judgment of the district court. Teresa and Annie Ruth now appeal, asserting five assignments of error which primarily raise the following two issues: (1) whether the same-day district court review of the hearing officer's ruling denied Teresa and Annie Ruth due process of law and (2) whether the hearing officer erred in awarding various medical costs to Eva. While not specifically assigned as error, Teresa and Annie Ruth also challenge the merits of the hearing officer's ruling granting the protective orders. For the reasons stated herein, we affirm.

FACTS AND PROCEDURAL BACKGROUND

On the morning of April 5, 2001, Eva Paschal, age 63, and her husband, Wiley Paschal, had an argument over money— Wiley had apparently started depositing his monthly social security and retirement checks into a separate account which was not accessible to Eva. She told Wiley "to get out;" and, after driving his school bus route, Wiley enlisted his two adopted daughters, Teresa and Annie Ruth, to assist him in retrieving his belongings from the house. Teresa and Annie Ruth are Eva's biological children; Wiley adopted both of them. Additional family history pertinent to the present dispute is as follows: Eva adopted Teresa's three children because Teresa's parental rights had been terminated for abandonment. In addition, *416 Teresa's husband, George, had been convicted of abusing one of the children. Jamie, 17 years old, is the youngest of Teresa's biological children who were adopted by Eva and Wiley and was present at the time this dispute occurred. Jamie is mentally retarded as a result of a car accident when he was five years old and requires special care.

When Wiley, Teresa, George and Annie Ruth arrived at Eva's and Wiley's house, Eva was on the telephone with another son-in-law, Robert, who is married to Patti, another of her daughters. On seeing that Teresa and Annie Ruth were with their father, Eva hung up from Robert and called the sheriffs department. Apparently, Robert also called the sheriffs department. Eva allowed Wiley to enter the house, but asked the others to leave. Annie Ruth was standing in the doorway and Eva tried to close the door to prevent her from entering the house. According to Eva, Annie Ruth pushed the door open and hit Eva in the chest causing a large bruise. As the struggle over the doorway continued, Teresa went around Annie Ruth and pulled the telephone cord out of the wall. Annie Ruth claims that Eva hit her with the telephone receiver and denies hitting Eva in the chest. Eva ran out of the house to her van to use her cell phone to again call the sheriffs department. She remained outside until the deputies arrived. Back inside the house, Jamie had entered the room with the others and was holding the telephone cord. Teresa claims that Jamie was the one who pulled the cord out of the wall and she asked him if "he had lost his mind." She testified that she then plugged the phone back in so that Wiley could call the sheriffs office himself to get "it on the record." When the sheriffs deputies arrived, they took statements from all involved and advised Wiley that, although he did not have to, it would be a good idea for him to get a few things and leave in order to diffuse the situation. Wiley, Teresa, George and Annie Ruth left the property.

Teresa then contacted the sheriffs office to ask what she could do about her mother, whom she alleged was crazy. She testified that someone at the sheriffs department advised her to seek a coroner's commitment ("CEC"), which she did, signing an affidavit stating that her mother had threatened to kill her. Eva was picked up the following morning and taken to E.A. Conway Psychiatric Ward for evaluation. Eva's personal physician intervened on her behalf and she was released in a few hours. While Eva was detained at the hospital, Wiley and the daughters were retrieving his belongings from the house.

All of the above prompted Eva to file for protective orders against Teresa and Annie Ruth on her own behalf and on behalf of Jamie. In addition to the testimony of those involved in the encounter, Eva introduced photographic evidence of the large bruise on her chest.[1] The hearing officer found that forcing entry into the house was "exactly" what was intended by the daughters and that this family "is obviously versed in such events." After noting the past problems in the family, the hearing officer opined that the dispute at issue should have involved only Eva and Wiley and that the daughters' actions in restraining and leaving bruises on their mother were inappropriate. In addition, she found that Teresa's actions in obtaining the CEC were in bad faith and "nothing short of fraudulent." The protective orders were issued and medical costs associated with treatment for the bruised chest were assessed against both daughters and *417 costs associated with the CEC were assessed against Teresa. Eva's counsel was given 30 days to submit proof of medical expenses. Teresa and Annie Ruth noted objection to the ruling and the hearing officer advised them in open court that the appeal would be heard at 2:00 p.m. that afternoon and told them where to go for the hearing. As previously stated, neither Teresa nor Annie Ruth were present at the appeal hearing; however, Eva's counsel was present. Due to Teresa's and Annie Ruth's failure to appear, Judge Ingram affirmed the hearing officer's ruling and, subsequently, denied the daughters' second request for an appeal.

DISCUSSION

Due Process

Appellants challenge the Fourth Judicial District Court's ("4th JDC") process for handling domestic abuse protective order matters such as this. Since June 2000, the 4th JDC has been practicing "same day appeals" of domestic violence matters, which are first heard by the hearing officer and, if requested by the losing party, is reviewed by the district judge the same day.

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Bluebook (online)
803 So. 2d 413, 2001 WL 1626917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paschal-v-hazlinsky-lactapp-2001.