State of Louisiana in the Interest of C. N. L. and G. M. A., Jr.
This text of State of Louisiana in the Interest of C. N. L. and G. M. A., Jr. (State of Louisiana in the Interest of C. N. L. and G. M. A., Jr.) 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.
Opinion
NOT DESIGNATED FOR PUBLICATION
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT
CM 20-602
STATE OF LOUISIANA
IN THE INTEREST OF
C.N.L. AND G.M.A., JR.
**********
APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. 2019121 JC HONORABLE THOMAS R. DUPLANTIER, DISTRICT JUDGE
ELIZABETH A. PICKETT
JUDGE
Court composed of Elizabeth A. Pickett, John E. Conery, and Jonathan W. Perry, Judges.
MOTION TO DISMISS UNLODGED APPEAL GRANTED. APPEAL DISMISSED.
Corrie R. Gallien Attorney at Law 600 Jefferson St, Suite 901 Lafayette, LA 70501 (337) 714-9077 COUNSEL FOR OTHER APPELLANT: M.B.L.A. Chantel Conrad 825 Kaliste Saloom Rd Brandywine Building 3, Suite 150 Lafayette, LA 70508 (337) 262-2250 COUNSEL FOR APPELLEE: State of Louisiana, Department of Children and Family Services
Christian B. Landry Assistant District Attorney Post Office Box 3306 Lafayette, LA 70502 (337) 232-5170 COUNSEL FOR APPELLEE: State of Louisiana
Tia Benton Francis Hamilton-Acker Acadiana Legal Services Corporation 1020 Surrey Street Lafayette, LA 70501 (337) 237-4320 COUNSEL FOR APPELLEES: C.N.L. G.M.A., Jr.
Lloyd Dangerfield c/o Indigent Defenders Office Post Office Box 91908 Lafayette, LA 70509-1908 (337) 896-3777 COUNSEL FOR APPELLEE: G.M.A., Sr.
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.
Appellee, State of Louisiana, Department of Children and Family Services,
filed a motion to dismiss the unlodged appeal of Appellant, M.B.L.A., as untimely.
For the reasons that follow, we hereby dismiss the appeal.
A Judgment of Termination of Parental Rights and Certification for Adoption
was rendered on October 5, 2020, terminating the parental rights of Appellant,
M.B.L.A., over the minor children, G.M.A., Jr., and C.N.L. Notice of Signing of
Judgment was mailed to the parties on October 13, 2020.
M.B.L.A. filed a Motion and Order of Appeal on November 9, 2020, seeking an
appeal from the October 5, 2020 judgment. The order of appeal was signed on
November 16, 2020. Before the record was lodged in this court, Appellee, State of
Louisiana, Department of Children and Family Services, filed a Motion to Dismiss
Unlodged Appeal, seeking the dismissal of the unlodged appeal as untimely under
La.Ch.Code art. 332.
This court in State in the Interest of B.D.L., 16-243, pp. 2-3 (La.App. 3 Cir.
6/1/16), 193 So.3d 583, 585-586, explained:
Pursuant to La.Ch.Code art. 332, “[e]xcept as otherwise provided within a particular Title of this Code, appeals shall be taken within fifteen days from the mailing of notice of the judgment.” The delay for applying for a new trial is three days, exclusive of holidays, from the mailing of notice of judgment. La.Ch.Code art. 332. It has been held that La.Code Civ.P. art. 2123, which provides the delay for taking a suspensive appeal, “does not apply to appeals taken from judgments under the Children’s Code.” State in the Interest of K.B., 30,358, p. 2 (La.App. 2 Cir. 8/21/97), 698 So.2d 761, 762. This shortened delay for taking a suspensive appeal is “consistent with the statutory scheme of expediency.” State in the Interest of S.K., 15–457, p. (La.App. 5 Cir. 7/29/15), 189 So.3d 1103, 1104.
In the instant matter, the written judgment was signed on October 5, 2020 and
notice of judgment was sent on October 13, 2020. M.B.L.A. did not move for a new
trial. M.B.L.A.’s motion for appeal, however, was filed on November 9, 2020, after
the delays had expired for applying for a new trial or an appeal. See La.Ch.Code art. 332. “The courts of appeal have consistently held that an appeal not timely filed in
juvenile matters shall be dismissed.” State ex rel. C.P., 00–2703, p. 2 (La.1/17/01),
777 So.2d 470, 471. “[W]hen no other party has filed for an appeal,” the party seeking
the appeal “is not entitled to have [their] time for appeal extended.” Id. at 472.
Accordingly, we dismiss M.B.L.A.'s appeal as untimely since it was not taken within
the fifteen-day delay provided by La.Ch.Code art. 332.
THIS OPINION IS NOT DESIGNATED FOR PUBLICATION. Rule 2-16.3 Uniform Rules, Court of Appeal.
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