FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2017-09382,
DIVISION "B-1" Honorable Rachael Johnson.
Claudia Patricia Santoyo ATTORNEY AT LAW, COUNSEL FOR
Stephen Robert Rue STEPHEN RUE & ASSOCIATES, COUNSEL FOR
composed of Judge Roland L. Belsome, Judge Sandra Cabrina
Jenkins, Judge Paula A. Brown.
A. BROWN JUDGE.
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.
reasons given below, the appeal is dismissed.
AND PROCEDURAL HISTORY
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.
March 29, 2018, Mr. Burford filed in the district court a
motion seeking a devolutive appeal which was granted. This
TO DISMISS APPEAL
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
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 ...