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Boquet v. Boquet

Court of Appeals of Louisiana, Third Circuit

March 21, 2018

BRITTANY M. BOQUET
v.
NICOLE L. BOQUET

          APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF VERMILION, NO. 103106 HONORABLE DAVID BLANCHET, DISTRICT JUDGE

          COUNSEL FOR DEFENDANT/APPELLEE: Sawyer Rayne Boquet

          COUNSEL FOR DEFENDANT/APPELLEE: Nicole L. Boquet, Bhyllie J. Mouton, Shane M. Mouton

          COUNSEL FOR DEFENDANT/APPELLEE: Nicole L. Boquet, Danielle N. Thompson

          COUNSEL FOR PLAINTIFF/APPELLANT: Brittany M. Boquet

          Court composed of Sylvia R. Cooks, Elizabeth A. Pickett and Billy H. Ezell, Judges.

          SYLVIA R. COOKS JUDGE

         Appellant, Brittany M. Boquet, filed an appeal from the trial court's ruling of September 8, 2017, which granted the exception of prescription filed by Appellee, Nicole L. Boquet and from the order denying her motion for new trial. The trial court signed an order on November 8, 2017, designating these judgments as final and appealable. Upon the lodging of the record, this court, on its own motion, issued the instant rule for Brittany to show cause, by brief only, why her appeal should not be dismissed "because this 'judgment is sufficiently unclear so as to render this matter improperly before us on review, '" citing State v. White, 05-718, p. 2 (La.App. 3 Cir. 2/1/06), 921 So.2d 1144, 1146. For the reasons assigned, we dismiss this appeal without prejudice.

         Brittany and Nicole entered into a same-sex marriage on December 18, 2014. On February 5, 2016, Nicole gave birth to Sawyer Rayne Boquet. On March 10, 2017, Brittany and Nicole separated.

         The instant action was initiated with the filing of Brittany's Petition for Divorce and Termination of the Matrimonial Regime. Subsequently, on April 28, 2017, Brittany filed her Petition for Declaratory Judgment and Disavowal. In this latter pleading, Brittany sought a judicial declaration that she "is not the legal or biological father of the minor child."[1]

         In response to this petition, Nicole filed the Peremptory Exception of Prescription.[2] A contradictory hearing was conducted by the trial court, and on September 8, 2017, the trial court signed a written judgment which states in pertinent part:

IT IS FURTHER ORDERED that this Court grants Nicole L. Boquet's Peremptory Exception of Prescription and assesses costs for the Exception to Brittany M. Boquet.
. . . .
IT IS FURTHER ORDERED that this court assesses costs associated with the filing of the Petition for Declaratory Judgment and Disavowal filed by Brittany M. Boquet and the costs associated with the Court appointment of Ann D. Latour for the ...

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