Appealed from the 21st Judicial District Court In and for the
Parish of Livingston State of Louisiana Case No. 81, 159 The
Honorable Elizabeth P. Wolfe, Judge Presiding.
C. Comeaux Baton Rouge, Louisiana Counsel for
Plaintiff/Appellant Guy Adams
E. Heck Barrios Denham Springs, Louisiana Counsel for
Defendant/Appellee Brandi Ballard Adams
BEFORE: GUIDRY, THERIOT, AND PENZATO, JJ.
Adams appeals the "Interim Judgment on Rules"
rendered by the Twenty-First Judicial District Court, which
granted Brandi Ballard Adams' request for child support
on an interim basis. For the following reasons, we dismiss
AND PROCEDURAL HISTORY
Adams ("Mr. Adams") filed a petition of divorce
against his wife, Brandi Ballard Adams ("Ms.
Adams"), on December 15, 1997. They had one daughter during
the marriage, who was a year old at the time the petition was
filed. The trial court awarded joint custody while the
divorce was pending. A judgment of divorce was signed by the
trial court on April 27, 1998.
31, 1998, Ms. Adams filed a rule to set child support and
temporary restraining order. The trial court held a hearing
on the matters on December 11, 1998. The only witnesses to
testify at this hearing were Ms. Adams and her cousin, who
often babysat the child. After the witness testimony, the
trial court continued the case to March 22, 1999. In the
interim, with no prejudice to either party, the trial court
named Ms. Adams as the domiciliary parent. The trial court
also ordered Mr. Adams to pay $260.00 per month to Ms. Adams,
with the caveat that such payment would be
"temporary" until the March 22, 1999 hearing and
that they would "start from scratch" when the
hearings continued in March. The trial court summarized its
ruling by stating, "I guess really all we'd be doing
is saying primary domicile and $260 a month child
record reveals that the hearing on December 11, 1998 was
never resumed. The record also reveals the original trial
court judge recused himself on April 9, 1999. A second trial
court judge was recused on Ms. Adams' motion in May 1999.
A notice of telephone status conference was signed by a third
trial court judge and filed into the record on May 20, 1999.
the filing of the notice of telephone status conference, the
record is devoid of any activity until April 23, 2013, when
Ms. Adams filed a motion and order to make past due child
support executory, a rule for contempt, and a petition to
modify custody and child support. On June 4, 2013, Mr. Adams
filed an exception raising the objection of no cause of
action. These matters came for hearing on June 24, 2013 and
were continued until August 19, 2013.
23, 2013, the trial court signed a "Judgment on
Rules" that addressed the rule to set child support and
temporary restraining order filed by Ms. Adams on July 31,
1998 and heard on December 11, 1998. The July 23, 2013
judgment reduced to judgment the orders orally rendered in
court on December 11, 1998.
31, 2013, Mr. Adams timely filed a motion for new trial. In a
judgment signed August 27, 2013, the trial court denied Mr.
Adams' motion for new trial and continued the hearing on
the matters filed by Ms. Adams (based upon her April 23, 2013
motion) to September 16, 2013. The hearing was later
continued to October 29, 2013, on Ms. Adams' motion. No
appeal was taken by Mr. Adams of the judgment rendered by the
trial court on July 23, 2013, but on June 12, 2014, Mr. Adams
sought to have the July 23, 2013 judgment declared null.
October 9, 2013, Mr. Adams submitted an ex parte motion for
acknowledgement of abandonment. On October 23, 2013, the
trial court signed an order to dismiss the matter, without
prejudice, based on ...