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Boquet v. Boquet

Court of Appeals of Louisiana, Third Circuit

April 10, 2019

BRITTANY M. BOQUET
v.
NICOLE L. BOQUET

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

          Ann D. Latour Attorney at Law, Counsel for Other Appellee: S. R. B. (minor child)

          Jeff Landry Attorney General Joseph Scott St. John Deputy Solicitor General Chimene St. Amant Assistant Attorney General Counsel for Other Appellee: State of Louisiana, Office of the Attorney General

          Henry Adams, III Adams & Associates Counsel for Defendant/Appellee: Nicole L. Boquet

          Bhyllie J. Mouton Shane M. Mouton Mouton & Mouton Law Firm, LLC, Counsel for Defendant/Appellee: Nicole L. Boquet

          Danielle Thompson Paul J. deMahy The Thompson Law Firm, Counsel for Plaintiff/Appellant: Brittany M. Boquet

          Court composed of John D. Saunders, Van H. Kyzar, and Candyce G. Perret, Judges.

          JOHN D. SAUNDERS, JUDGE.

         This appeal comes to this court from a judgment granting an exception of prescription by the trial court where an untimely action to disavow was instituted by the spouse of a birth mother to a child. In the course of the marriage, a child was born giving the spouses the legal status of parents to the minor child.

         The spouse of the birth mother instituted divorce proceedings. In response, the birth mother filed an answer and reconventional demand for child support. Thereafter, the spouse of the birth mother filed a disavowal action more than one year from the birth of the minor child. The birth mother responded to the disavowal action by filing an exception of prescription, which the trial court granted.

         The spouse of the birth mother files this appeal asserting that the trial court erroneously applied La.Civ.Code arts. 185 and 189 in this matter. We find no error by the trial court.

         FACTUAL AND PROCEDURAL HISTORY:

         Brittany and Nicole Boquet married on December 18, 2015. At the time of the marriage, Nicole was pregnant. Brittany had full knowledge that Nicole was pregnant. The child was born on February 5, 2016. Brittany was aware of the circumstances that brought into question whether she was not the biological parent of the child. Brittany accepted tax benefits of having a child with Nicole when they filed a joint tax return for the year 2016.

         On March 14, 2017, Brittany filed a petition for divorce and termination of the matrimonial regime from Nicole. In that petition, Brittany alleged that one child was born of their marriage. Brittany sought joint custody and access to the child pursuant to a custody plan.

         On April 19, 2017, Nicole filed an answer to Brittany's petition for divorce and a reconventional demand seeking child support from Brittany. On April 28, 2017, Brittany filed a petition for declaratory judgment and disavowal of the minor child. Nicole responded by filing various pleadings and exceptions, of which is relevant, an exception of prescription. The trial court granted Nicole's exception of prescription. Brittany appeals, alleging eight assignments of error.

         ASSIGNMENTS ...


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