Summary
The Louisiana Court of Appeal considered whether consolidated appeals from a divorce, custody, child-support, and paternity-disavowal judgment were timely. It dismissed the appeal concerning the divorce, custody, and support issues as untimely under Louisiana Code of Civil Procedure articles 3942 and 3943, while maintaining the timely appeal concerning the exception of prescription in the disavowal action.
Topics
Practice areas
Questions Presented
- Whether the appeal from the judgment granting a divorce and awarding custody and child support was timely under La. Code Civ. P. arts. 3942 and 3943.
- Whether the appeal in the disavowal-of-paternity action was timely.
Holdings
- An appeal from the portions of a judgment granting a divorce or awarding custody and support must be taken within the thirty-day period specified by La. Code Civ. P. arts. 3942 and 3943. Because Todd's appeal was filed outside that period, the appeal in the divorce action was untimely and was dismissed.
- The appeal in Todd E. Davis v. Angela Buck Davis was timely and was maintained.
Key quotations
“It is clear under La.Code Civ.P. arts. 3942 and 3943, that the portion of the judgment relating to the issues in Angela Buck Davis v. Todd E. Davis, our Docket No. 97-260, were matters which had to be appealed within thirty days.” (215)
Factual background
Angela Buck Davis sued Todd E. Davis for divorce, while Todd filed a separate action seeking disavowal of paternity. After consolidation, the trial court granted the divorce, awarded sole custody of the minor child to Angela, ordered Todd to pay $350 per month in child support, and maintained Angela's exception of prescription, dismissing the disavowal action. Todd stated that he intended to appeal only the prescription ruling rather than the divorce, custody, and support rulings.
Procedural history
Angela Buck Davis filed a divorce action against Todd E. Davis, and Todd filed a disavowal-of-paternity action. The matters were consolidated, and the trial court granted a divorce, awarded Angela sole custody and $350 per month in child support, maintained Angela's exception of prescription, and dismissed the disavowal action. Todd appealed on December 27, 1996. The court dismissed the divorce-case appeal as untimely but maintained the appeal in the disavowal action as timely.