State of Louisiana in the Interest of R.P., S.H., and N.H.

Opinion

STATE OF LOUISIANA IN THE INTEREST NO. 21-CA-628 OF R.P., S.H., AND N.H.

FIFTH CIRCUIT

COURT OF APPEAL

STATE OF LOUISIANA

ON APPEAL FROM THE FORTIETH JUDICIAL DISTRICT COURT PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA NO. 18,168, DIVISION "B"

HONORABLE NGHANA LEWIS, JUDGE PRESIDING

December 22, 2021

STEPHEN J. WINDHORST

JUDGE

Panel composed of Judges Fredericka Homberg Wicker, Stephen J. Windhorst, and Hans J. Liljeberg

APPEAL DISMISSED SJW FHW HJL

COUNSEL FOR PLAINTIFF/APPELLANT, DEPARTMENT OF CHILDREN AND FAMILY SERVICES Laura Locker-Melancon

WINDHORST, J.

In this case, the Department of Children and Family Services (hereinafter

“DCFS”) appeals the trial court’s judgment denying DCFS’s petition for termination

of parental rights of N.W. For the following reasons, we dismiss this appeal.

On May 28, 2021, DCFS filed a motion for appeal in the 40th Judicial District

Court seeking to appeal the trial court’s May 6, 2021 judgment denying DCFS’s

petition for termination of parental rights of N.W. That same day, the trial court

granted DCFS’s motion for appeal. The record was lodged in this Court on

September 24, 2021. That day, this Court issued a Notice of Lodging of Record,

notifying the parties the record had been lodged and informing them of the due dates

for the appellate briefs. DCFS was informed that its appellate brief was due on

October 12, 2021. DCFS did not file a brief by this deadline, nor did it file a motion

for extension of time to file a brief.

On October 21, 2021, this Court sent DCFS’s counsel a letter informing her

that the time delays for filing her appellate brief had passed and notifying her that

the appeal would be dismissed as abandoned if a brief was not filed by November 2,

2021. To date, DCFS has not filed a brief.

La. U.R.C.A. Rule 5-3 (c)(2) provides:

In such civil cases, if an appellant does not file a brief within the time prescribed by this rule or any extension thereof granted by the court as provided by this rule or Rule 2-12.8, a notice shall be mailed by the clerk to counsel for the appellant, or to the appellant if not represented, that the appeal shall be dismissed 10 days thereafter unless a brief is filed in the meantime. If an appellant does not file a brief within 10 days after such notice is mailed, the appeal shall be dismissed as abandoned. Provided, however, that irrespective of the time limit provided in this rule for the appellee to file a brief, the appellee's brief shall be filed within 15 days from the due date shown on the notice of abandonment.

On October 21, 2021, this Court sent the required notice to counsel for DCFS

informing counsel that if a brief was not filed by November 2, 2021, the appeal

would be dismissed as abandoned. See Riley v. Par. of Jefferson, 21-55 (La. App.

21-CA-628 1 5th Cir. 5/19/21), 325 So.3d 1115, 1116; LaFrance v. LaFrance, 15-508 (La. App.

5th Cir. 2/17/16), 186 So.3d 797. No brief was filed by this deadline. Thus, DCFS

has indicated no intent to pursue this appeal. As a result, we deem DCFS’s appeal

abandoned and declare it dismissed under La. U.R.C.A. Rule 5-3 (c)(2).

APPEAL DISMISSED

21-CA-628 2

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

NANCY F. VEGA

FREDERICKA H. WICKER CHIEF DEPUTY CLERK

JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON SUSAN S. BUCHHOLZ STEPHEN J. WINDHORST FIRST DEPUTY CLERK

HANS J. LILJEBERG JOHN J. MOLAISON, JR. FIFTH CIRCUIT MELISSA C. LEDET

JUDGES 101 DERBIGNY STREET (70053)

DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX

www.fifthcircuit.org

NOTICE OF JUDGMENT AND CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN DELIVERED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 2-16.4 AND 2-16.5 THIS DAY DECEMBER 22, 2021 TO THE TRIAL JUDGE, CLERK OF COURT, COUNSEL OF RECORD AND ALL PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

21-CA-628

E-NOTIFIED 40TH DISTRICT COURT (CLERK) HONORABLE NGHANA LEWIS (DISTRICT JUDGE) JOSEPHINE C. VANDERHORST (APPELLEE) DOUGLAS L. HARVILLE (APPELLEE)

MAILED LAURA LOCKER-MELANCON (APPELLANT) ATTORNEY AT LAW 160 SOUTH ARDENWOOD DRIVE BATON ROUGE, LA 70806