July 29, 2015
STATE OF LOUISIANA IN THE INTEREST OF S.K
APPEAL FROM THE TWENTY-NINTH JUDICIAL DISTRICT COURT, PARISH
OF ST. CHARLES, STATE OF LOUISIANA. NO. 13,614, DIVISION
" E" . HONORABLE TIMOTHY S. MARCEL, JUDGE
COALTER, ATTORNEY AT LAW, New Orleans, Louisiana, COUNSEL FOR
MARINO, ATTORNEY AT LAW, Norco, Louisiana, COUNSEL FOR
O. SCHOTT, III, ATTORNEY AT LAW, New Orleans, Louisiana,
COUNSEL FOR PARENT/APPELLANT.
LEWIS, ATTORNEY AT LAW, Luling, Louisiana, COUNSEL FOR
composed of Judges Robert M. Murphy, Stephen J. Windhorst,
and Hans J. Liljeberg.
M. MURPH, J.
La.App. 5 Cir. 2] Appellant, A.J., appeals a judgment of
termination of parental rights and certification of adoption,
rendered on May 20, 2015. Appellee, State of Louisiana,
Department of Children and Family Services (" DCFS"
), filed a motion to dismiss A.J.'s appeal, contending
that the appeal is untimely pursuant to La. Ch.C. art. 332.
For the reasons that follow, we dismiss the appeal as
untimely and remand the matter to the trial court for further
15, 2015, the trial court held a trial on the merits, wherein
it terminated all parental rights of A.J. and S.K, relative
to the child S.K., and certified S.K. for adoption. The trial
court signed a judgment to that effect on May 20, 2015, which
the Clerk of Court mailed to all parties on that same day.
La.App. 5 Cir. 3] On June 12, 2015, A.J. filed a motion for a
suspensive appeal of the May 20, 2015 judgment terminating
his parental rights. Later that same day, A.J. filed an
amended motion for a suspensive appeal of the May 20, 2015
judgment. On June 26, 2015, the trial court signed an order
granting A.J.'s motion for a suspensive appeal of the May
20, 2015 judgment. DCFS's motion to dismiss the appeal
State ex rel. C.P., 00-2703 (La. 1/17/01), 777 So.2d
470, the Louisiana Supreme Court considered the timeliness of
an appeal from a judgment terminating the parental rights of
the appellant. The Court provided as follows:
Courts shall avoid delays in resolving the status of the
parent and in achieving permanency for the child. La. Ch.
Code art. 1032. All phases of termination of parental rights
proceedings are thus to be given priority. State in the
interest of S.M., 98-0922 (La. 10/20/98), 719 So.2d 445,
453 (La. 1998). Consistent with the statutory scheme of
expediency, the Louisiana Children's Code provides that
appeals shall be taken within fifteen days from the signing
of the judgment, or from the mailing of notice of judgment
when required. La. Ch. Code art 332.
Id. at 471. La. Ch.C. art. 332(A) provides, in
pertinent part, that " appeals shall be taken within
fifteen days from the mailing of notice of judgment."
Because more than fifteen days had elapsed from the date of
the mailing of the notice of signing of judgment and the date
of the filing of the appellant's motion for appeal, the
Court concluded that the appellant's appeal was untimely
pursuant to La. Ch.C. art. 332. State ex rel. C.P.,
777 So.2d at 471-72.
instant case, the May 20, 2015 judgment terminating
A.J.'s parental rights was mailed by the Clerk of Court
on that same date, May 20, 2015. Therefore, under La. Ch.C.
art. 332, A.J. was required to file his motion for a
suspensive appeal of that judgment within fifteen days from
May 20, 2015, or by June 4, 2015. Because our review of the
record shows that A.J. did not file his [15-457 La.App. 5
Cir. 4] motion for appeal until June 12, 2015, we find that
A.J.'s appeal is untimely pursuant to La. Ch.C. art. 332.
Accordingly, we dismiss this appeal, as this Court is without
appellate jurisdiction to hear the appeal.
foregoing reasons, we hereby dismiss this appeal as untimely
and remand the matter to the trial court for further
proceedings. Costs of this appeal are assessed against
DISMISSED; CASE REMANDED