State ex rel. DMH

Louisiana Court of Appeal

State ex rel. DMH

658 So. 2d 1309, 1995 La. App. LEXIS 1140, 1995 WL 262280

CourtLouisiana Court of Appeal

DecidedMay 4, 1995

DocketNo. 27668-CM

StatusPublished

Cited by1 cases

This text of 658 So. 2d 1309 (State ex rel. DMH) 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

State ex rel. DMH, 658 So. 2d 1309, 1995 La. App. LEXIS 1140, 1995 WL 262280 (La. Ct. App. 1995).

Pincite

Opinion

[1310]*1310 ORDER

MOTION DENIED.

Appeals are favored and should be not dismissed unless the law clearly so requires. In re Salmon, 318 So.2d 897 (La. App.2d Cir.1975). Where procedures are not provided in the Children’s Code, or otherwise by law, the court shall proceed in accordance with the Code of Civil Procedure. LSA-Ch.C. Art. 104.

... [I]n every contested case, except in the case where the judgment rendered is signed the same day as trial and all counsel or parties not represented by counsel are present, notice of the signing of a final judgment therein shall be mailed by the clerk of court ... to the counsel of record for each party and to each party not represented by counsel.

LSA-C.C.P. Art. 1913(B).

When notice of judgment is required, the delay for applying for a new trial commences to run on the day after the clerk has mailed, or the sheriff has served, the notice of judgment. LSA-C.C.P. Art. 1974.

Accordingly, in this involuntary termination of parental rights, the appeal filed sixteen days after rendition of judgement is timely. The motion to dismiss, filed by the State of Louisiana, Department of Social Services, is denied.

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