State in the Interest of T.J.S.

• Court: Louisiana Court of Appeal
• Decided: November 7, 2018
• Docket: JAC-0018-0779
• Status: Unknown

Opinion

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

JAC 18-779

STATE IN THE INTEREST OF

T.J.S.

**********

APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. JC2016796 HONORABLE THOMAS R. DUPLANTIER, DISTRICT JUDGE

ELIZABETH A. PICKETT

JUDGE

Court composed of Elizabeth A. Pickett, Phyllis M. Keaty, and Candyce G. Perret, Judges.

APPEAL DISMISSED.

F.J.S. In Proper Person 100 13th Street Lafayette, LA 70501 (337) 335-7490 COUNSEL FOR APPELLANT: F.J.S. Shytishia A. M. Flugence Flugence Law Firm 620 S. E. Evangeline Thruway Lafayette, LA 70509-0381 (337) 261-1099 COUNSEL FOR APPELLANT: F.J.S

Nicole M. Guidry Attorney at Law 100 South Louisiana Street, Suite 500 Abbeville, LA 70510 (337) 740-2149 COUNSEL FOR APPELLEE: L.M.B.

Franchesca L. Hamilton-Acker Acadiana Legal Service Corporation Post Office Box 4823 Lafayette, LA 70502-4823 (337) 237-4320 COUNSEL FOR APPELLEE: T.J.S.

Tracey Davenport-McGraw Assistant District Attorney Fifteenth Judicial District Court Post Office Box 3306 Lafayette, LA 70502 (337) 232-5170 COUNSEL FOR APPELLEE: State of Louisiana

Chantel Conrad 825 Kaliste Saloom Road Brandywine Building 3, Suite 150 Lafayette, LA 70508 (337) 262-2250 COUNSEL FOR APPELLEE: State of Louisiana, Department of Children and Family Services

Claudelle Ancar c/o CWS III, Case Worker 825 Kaliste Saloom Road Brandywine Building 3, Suite 150 Lafayette, LA 70508 (337) 261-5901 COUNSEL FOR APPELLEE: State of Louisiana, Department of Children and Family Services CASA Coordinator c/o CASA of South Louisiana 227 La Rue France Lafayette, LA 70508 (337) 268-5111 COUNSEL FOR APPELLEE: CASA of South Louisiana PICKETT, Judge.

This court, on its own motion, issued a rule to Appellant, F.J.S., to show

cause why the appeal in the above captioned case should not be dismissed as

untimely. La.Ch.Code art. 332. Appellant did not respond to the rule. For the

reasons that follow, we hereby dismiss the appeal.

On March 27, 2018, the parental rights of Appellant and L.M.B., in regard to

their minor child, T.J.S., were permanently and irrevocably terminated. A written

judgment was signed by the trial court on April 20, 2018.

Pursuant to La.Ch.Code art. 332, “appeals shall be taken within fifteen days

from the mailing of notice of the judgment.” The notice of judgment of the

Termination of Parental Rights and Certification for Adoption, the ruling Appellant

seeks to appeal in this case, was mailed to the parties on April 23, 2018. The delay

for filing a motion for appeal expired on May 8, 2018. Appellant’s pro se “Petition

for Devolutive Appeal” is stamped by the clerk’s office as filed on May 9, 2018;

thus, we find that the appeal was filed untimely.

In Seaman v. Seaman, 10-1295, p. 6 (La.App. 3 Cir. 12/15/10), 54 So.3d

756, 760 (citation omitted), this court noted:

While this court is not unmindful of the possible disadvantages facing a non-attorney attempting self-representation . . . the jurisprudence is clear that even if the parties to the action do not oppose the untimely appeal, neither the trial court nor the appellate court has the authority to extend the delays for seeking an appeal since the timeliness of an appeal is a jurisdictional issue. . . . Accordingly, we cannot extend the delay that the plaintiff had to perfect her appeal in this matter.

Since we find that Appellant did not file an appeal within the delay set forth

in La.Ch.Code art. 332, this appeal must be dismissed as untimely. We hereby

dismiss the appeal.

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