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State v. S. R.

Court of Appeals of Louisiana, Third Circuit

May 1, 2019

STATE OF LOUISIANA
v.
S. R.

          APPEAL FROM THE SIXTEENTH JUDICIAL DISTRICT COURT PARISH OF IBERIA, NO. 09-749 HONORABLE GREGORY P. AUCOIN, DISTRICT JUDGE

          Edward Moses, Jr. Moses Law Firm, L.L.C. COUNSEL FOR DEFENDANT-APPELLANT: S. R.

          Shane E. Romero, Jr. COUNSEL FOR APPELLEE: C. R.

          Court composed of John D. Saunders, Elizabeth A. Pickett, and Van H. Kyzar, Judges.

          ELIZABETH A. PICKETT JUDGE.

         S.R.[1] appeals the judgment of the trial court, agreed to by consent of the parties, releasing insurance settlement proceeds due to S.R. and her attorney and, from those settlement proceeds, ordering payment of past due child support arrearages to the Department of Children and Family Services and C.R., the father of S.R.'s children.

         PROCEDURAL ISSUES

         At the outset, we note some procedural irregularities with this case. When this record was lodged with this court, it included only the following documents:

1. A Minute Entry dated June 26, 2018 referencing a hearing on a Motion for Reduction of Costs.
2. A Motion and Order for Appeal filed on July 26, 2017, which seeks appeal from the trial court's amended judgment of March 14, 2017. The Order granting the appeal was signed by the trial court on August 4, 2017.
3. An Order dated October 29, 2018, setting the appeal costs at $1, 500.00 pursuant to a motion to reduce appeal costs. This order also contains the following language:
IT IS ORDERED, ADJUDGED, and DECREED that the 3rd Circuit Court of Appeal did grant S[.] R[.] use of her non-support record, docket number 09 N 749, lodged in her adoption appeal docket number 1582 without duplication.
IT IS ORDERED, ADJUDGED, and DECREED that the Iberia Parish Clerk shall only prepare the designated portions of S[.] R[.] non-support record.
IT IS ORDERED, ADJUDGED, and DECREED that S[.] R[.] did designate as her record for appeal a copy of the Chronological Index itemization of the original non-support record that is lodged in her aforementioned adoption proceeding.
4. The Chronological Index in the non-support case, dating from August 21, 2009 through September 26, 2018.

         Although the trial court's judgment states that S.R. designated the appellate record, the record sent to this court lacks any motion to so designate. Such designations are required to be in writing. La.Code Civ.P. art. 2128. Further, La.Code Civ.P. art. 2129 requires, in pertinent part, "Where the appellant designates only portions of the record as the record on appeal, he must serve with his designation a concise statement of the points on which he intends to rely, and the appeal shall be ...


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