Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Edward v. Badie

Court of Appeals of Louisiana, Fourth Circuit

August 28, 2019

KENDRA EDWARD
v.
STEVEN BADIE

          APPEAL 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.

          Eric E. Malveau Malveau Law Firm, LLC, COUNSEL FOR DEFENDANT/APPELLANT, STEVEN BADIE.

          Court composed of Judge Terri F. Love, Judge Regina Bartholomew-Woods, Judge Paula A. Brown.

          Terri F. Love Judge.

         This 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.

         We find 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.

         FACTUAL BACKGROUND AND PROCEDURAL HISTORY

         Steven Badie and Kendra Edward were previously involved in a dating relationship, which resulted in the birth of the minor child, K.B.[1] 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.

         In May 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.

         MOOTNESS

         Appellate 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. ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.