State of Louisiana in the Interest of H.C.

Summary

The Louisiana Court of Appeal, First Circuit denied a supervisory writ concerning the denial of a motion to expunge. The court explained that expungement matters are reviewed under its civil appellate jurisdiction and that an appeal requires a signed written judgment containing proper decretal language; it also noted that filing documents directly with the appellate court does not suspend appeal delays.

Holdings

1. Supervisory review was not available on the submitted record because the writ application did not contain a copy of a signed written judgment demonstrating the district court's ruling.
2. Expungement matters are reviewed by the Louisiana Court of Appeal under its civil appellate jurisdiction.
3. Once a proper written judgment is signed, an appeal may be taken by filing a motion for appeal and an order for the judge's signature showing the appeal's return date within the delays provided by Louisiana Code of Civil Procedure article 2087; filing documents directly with the appellate court does not suspend the appeal delays.

Questions Presented

1. Whether supervisory review was available when the writ application did not include a signed written judgment denying the motion for expungement.
2. Whether an expungement ruling is reviewed under the court's civil appellate jurisdiction.
3. What procedural steps are required to appeal after a proper written judgment is signed.

Disposition

writ_denied