STATE OF LOUISIANA IN THE INTEREST OF C.D.W.
FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH
OFCALCASIEU, NO. 30015 HONORABLE LILYNN A. CUTRER, DISTRICT
K. Hinch FOR APPELLEES: The State of Louisiana, J.B., and
M.B. (as the legal custodians of C.D.W.)
LaKetha W. Holmes Holmes Family Law Group, LLC FOR
DEFENDANT/APPELLANT: T.R.W. (biological mother of C.D.W.)
M. Sanchez The Sanchez Law Firm, LLC FOR APPELLEES: The State
of Louisiana and the minor child, C.D.W.
composed of Shannon J. Gremillion, Phyllis M. Keaty, and D.
Kent Savoie, Judges.
SHANNON J. GREMILLION JUDGE
court issued a rule ordering Appellant, T.R.W. (the biological
mother of the minor child, C.D.W.), to show cause, by brief
only, why her appeal should not be dismissed for having been
taken from a judgment lacking proper decretal language.
See State in the Interest of J.C., 16-138 (La.App. 1
Cir. 6/3/16), 196 So.3d 102. For the reasons set forth below,
we dismiss the appeal without prejudice and remand the matter
to the trial court for further proceedings consistent with
AND PROCEDURAL HISTORY
was taken into State custody at the time of his birth, July
25, 2009, because he was born with controlled substances in
his system. T.R.W. is his birth mother. Other than a brief
period when he resided with his maternal grandmother, C.D.W.
has been with the same family, J.B. and M.B., since his
birth. J.B. and M.B. were awarded sole custody of C.D.W. in
December of 2015. On February 1, 2017, the State of Louisiana
filed a petition for termination of T.R.W.'s parental
rights. A trial was held on June 28, 2017, and the trial
court took the matter under advisement. On July 17, 2017, the
trial court issued written reasons for judgment wherein it
found "that [J.B. and M.B.] carried their burden of
proof to terminate the parental rights of T.R.W. to
C.D.W." The written reasons for judgment indicated that
the trial court "will" terminate the parental
rights of T.R.W. and certify C.D.W. for adoption. The written
reasons also indicated that custody of C.D.W. was given to
J.B. and M.B. pursuant to La.Ch.Code art. 1037(D).
17, 2017, the same day written reasons were assigned, the
trial court signed a judgment which stated:
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Written
Reasons for Judgment rendered on this date shall be made a
judgment of the Court.
filed a notice of appeal of that judgment on July 24, 2017,
and an order of appeal was signed. The court issued a notice
of appeal on July 31, 2017. When the record was lodged in
this court, a rule was issued ordering Appellant to show
cause why her appeal should not be dismissed as having been
taken from a judgment that lacked proper decretal language.
Board of Supervisors of Louisiana State University &
Agricultural &Mechanical College v. Mid City
Holdings, L.L.C., 14-506, pp. 2-3 (La.App. 4 Cir.