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Burford v. Burford

Court of Appeals of Louisiana, Fourth Circuit

November 28, 2018

PAMELA SAVEDRA BURFORD
v.
HAROLD BURFORD, JR.

          APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2017-09382, DIVISION "B-1" Honorable Rachael Johnson.

          Claudia Patricia Santoyo ATTORNEY AT LAW, COUNSEL FOR PLAINTIFF/APPELLEE.

          Stephen Robert Rue STEPHEN RUE & ASSOCIATES, COUNSEL FOR DEFENDANT/APPELLANT.

          Court composed of Judge Roland L. Belsome, Judge Sandra Cabrina Jenkins, Judge Paula A. Brown.

          PAULA A. BROWN JUDGE.

         This case involves incidental matters related to divorce proceedings. A hearing was held on a rule filed by Appellee, Pamela Savedra Burford ("Mrs. Burford") requesting Appellant, Harold Burford, Jr., ("Mr. Buford") to show cause why Mr. Burford should not pay child and spousal support along with other related matters. After taking the matter under advisement, the district court rendered judgment on March 8, 2018. From this judgment, Mr. Burford appeals. In response, Mrs. Burford requests the appeal be dismissed.

         For the reasons given below, the appeal is dismissed.

         FACTS AND PROCEDURAL HISTORY

         The Burfords married and two children were born of the marriage. On September 29, 2017, Mrs. Burford filed a petition for divorce based on La. C.C. art. 102. Simultaneously, Mrs. Burford filed a petition for protection from abuse which included a rule for Mr. Burford to show cause why he should not pay child and spousal support. A hearing was held on February 7, 2018. After taking the matter under advisement, the district court rendered judgment on March 8, 2018, along with written reasons. The district court found that Mr. Burford was voluntarily unemployed and calculation of his child and spousal support should be based on La. R.S. 9:315.11(A).[1]

         On March 29, 2018, Mr. Burford filed in the district court a motion seeking a devolutive appeal which was granted. This appeal follows.

         MOTION TO DISMISS APPEAL

         In her brief to this Court, Mrs. Burford urges that the appeal be dismissed for lack of appellate jurisdiction. Mrs. Burford points out the district court did not render judgment on all of the issues tried at the February 7, 2018 hearing, and it retains jurisdiction of this matter until all the issues are ruled upon. Mrs. Burford contends dismissal of the appeal is warranted as the district court's judgment is not a final appealable judgment.

         Louisiana Code of Civil Procedure Article 2083 provides:

A. A final judgment is appealable in all causes in which appeals are given by law, whether rendered after hearing, by default, or ...

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