FROM THE SIXTEENTH JUDICIAL DISTRICT COURT PARISH OF IBERIA,
NO. 09-749 HONORABLE GREGORY P. AUCOIN, DISTRICT JUDGE
Moses, Jr. Moses Law Firm, L.L.C. COUNSEL FOR
DEFENDANT-APPELLANT: S. R.
E. Romero, Jr. COUNSEL FOR APPELLEE: C. R.
composed of John D. Saunders, Elizabeth A. Pickett, and Van
H. Kyzar, Judges.
ELIZABETH A. PICKETT JUDGE.
S.R. 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
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[.]
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
4. The Chronological Index in the non-support case, dating
from August 21, 2009 through September 26, 2018.
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 ...