FROM ST. BERNARD 34TH JUDICIAL DISTRICT COURT NO. 2017-00426,
DIVISION "B" Honorable Jeanne Nunez Juneau, Judge
Timothy Thriffiley PIVACH, PIVACH, HUFFT, THRIFFILEY &
DUNBAR, L.L.C. ATTORNEYS AT LAW COUNSEL FOR
PLAINTIFF/APPELLANT, RICHARD ZIMMER.
G. Bouerie Alan G. Bouterie, Jr. Melanie M. Licciardi
BOUTERIE LAW FIRM, APLC COUNSEL FOR DEFENDANT/APPELLEE,
composed of Judge Joy Cossich Lobrano, Judge Sandra Cabrina
Jenkins, Judge Dennis R. Bagneris, Pro Tempore
R. Bagneris, Pro Tempore Judge.
Richard Zimmer, appeals the dismissal of his Petition for
Intervention in the interdiction proceedings concerning his
18-year old daughter, Mattie Zimmer. He also appeals the
district court's denial of his motion to stay the
interdiction proceedings pending resolution of this appeal.
For the reasons that follow, we find that the judgment of the
district court should be reversed, and this matter remanded
to district court.
AND PROCEDURAL BACKGROUND
Richard Zimmer ("Mr. Zimmer"), is the father of
18-year old Mattie Zimmer ("Mattie"). His former
wife, Jamie Landry-Zimmer ("Ms. Landry-Zimmer"), is
Mattie's mother. Upon Mattie's turning 18 years of
age, Ms. Landry-Zimmer filed a Petition for Interdiction
seeking Mattie's interdiction due to medical issues.
David Gernhauser was appointed curator ad hoc to
represent Mattie in the interdiction pursuant to La. C.C.P.
article 4544, and Mr. Zimmer received notice of the
proceedings pursuant to La. C.C.P. article 4543.
receipt of that notice, Mr. Zimmer filed a Petition for
Intervention objecting to the interdiction of Mattie, and
alternatively praying that he be appointed as curator for
Mattie, or in the further alternative, as undercurator. Ms.
Landry-Zimmer filed peremptory exceptions of no cause of
action and no right of action to the Intervention. Prior to
the hearing on the exceptions, Ms. Landry-Zimmer voluntarily
dismissed her exception of no right of action. After a
hearing on the exception of no cause of action, the district
court maintained that exception and dismissed Mr.
Zimmer's Petition for Intervention.
Zimmer filed a timely Motion for Devolutive Appeal, appealing
the judgment dismissing his Petition for Intervention, and
requesting a stay of the district court proceedings pending
his appeal. The district court granted the devolutive appeal
and denied the stay. The instant appeal was timely
appeal, Mr. Zimmer asserts three assignments of error,
1) The district court committed manifest legal error when it
sustained Ms. Landry-Zimmer's exception of no cause of
action and dismissed Mr. Zimmer's Petition for
2) The district court abused its discretion and committed
manifest error in refusing to allow the Appellant to amend
his Petition for Intervention to remove the grounds for the
exception of no cause of action; and
3) The district court abused its discretion in refusing to
stay the district court ...