FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2004-11354,
DIVISION "H-12" Honorable Monique E. Barial, Judge.
Allyson D. Tuttle CATHOLIC CHARITIES/PROJECT SAVE, COUNSEL
FOR PLAINTIFF/APPELLEE, KENDRA EDWARD.
E. Malveau Malveau Law Firm, LLC, COUNSEL FOR
DEFENDANT/APPELLANT, STEVEN BADIE.
composed of Judge Terri F. Love, Judge Regina
Bartholomew-Woods, Judge Paula A. Brown.
F. Love Judge.
appeal arises from a petition for protection from abuse. The
trial court granted the petition, protecting the minor child
of the parties from her father, the defendant. The father
appealed contending that the trial court erroneously credited
the testimony of the mother and the minor child.
that the appeal is moot, as the protective order expired
prior to this Court's docket date. As we are prohibited
from issuing advisory opinions, we dismiss the appeal.
BACKGROUND AND PROCEDURAL HISTORY
Badie and Kendra Edward were previously involved in a dating
relationship, which resulted in the birth of the minor child,
Ms. Edward visited K.B. at school to bring her contact lenses
when K.B. began to cry and informed her mother that her
father was exhibiting abusive behavior toward her. Ms. Edward
reported the accusations to the authorities.
2018, Ms. Edward filed a Petition for Protection from Abuse
on behalf of herself and K.B., seeking protection from Mr.
Badie. The trial court dismissed the petition as to Ms.
Edward, but granted protection from Mr. Badie to K.B. The
Protective Order was set to expire on July 27, 2019. The
trial court also ordered Mr. Badie to attend twenty-six
classes in the Batterers' Intervention Program. Mr.
Badie's appeal followed, contesting the trial court's
issuance of the Protective Order on behalf of K.B.
courts are prohibited from issuing advisory opinions. The
Louisiana Supreme Court provided that "[t]he
jurisprudence of this Court is well settled that courts will
not decide abstract, hypothetical or moot controversies, or
render advisory opinions with respect to such
controversies." Cat's Meow, Inc. v.
City of New Orleans Through Dep't of Fin.,
98-0601, p. 8 (La. 10/20/98), 720 So.2d 1186, 1193. Further,
an issue is "moot" when a judgment or decree on
that issue has been "deprived of practical
significance" or "made abstract or purely
academic." Perschall v. State, 96-0322
(La.7/1/97), 697 So.2d 240; Louisiana Associated Gen.
Contractors, Inc., 669 So.2d at 1193; American Waste
& Pollution Control Co., 627 So.2d at 162. A case is
"moot" when a rendered judgment or decree can serve
no useful purpose and give no practical relief or effect.
Robin, 384 So.2d at 405. If the case is moot, then
"'there is no subject matter on which the judgment
of the court can operate.'" St. Charles Parish
Sch. Bd., 512 So.2d at 1171 (citing Ex parte
Baez, 177 U.S. ...