Jordan Lipner-Riza v. Timothy Aaron Causey

Summary

The Louisiana Fourth Circuit Court of Appeal dismissed Timothy Aaron Causey’s appeal from a judgment granting Jordan Lipner-Riza’s motion to relocate their minor child and awarding her physical custody. The court held that the appeal was untimely because the filing of a supervisory writ application did not interrupt the applicable appeal delays. The court therefore dismissed the appeal for lack of jurisdiction.

Holdings

1. An appeal from a judgment modifying custody and visitation must be taken within thirty days from the date of mailing notice of the denial of a timely motion for new trial. Because notice was mailed on February 1, 2024, the last day to appeal was March 4, 2024, and Causey did not file his appeal until April 18, 2024, the appeal was untimely.
2. The filing of a supervisory-writ application does not interrupt or extend the appeal delay absent an applicable stay; therefore, Causey's writ application did not preserve or extend the time for filing his appeal.

Questions Presented

1. Whether the Fourth Circuit had appellate jurisdiction over Causey's appeal from the judgment granting the motion to relocate the minor child's principal residence.
2. Whether the filing and consideration of Causey's supervisory-writ application interrupted or extended the statutory period for filing an appeal.

Disposition

dismissed