2025CW0228 Nonprecedential Processed

In Re: Rebecca Shaun Franz McCasland Pino and Miguel Sebastian Pino Zapata Applying for Intrafamily Adoption of Liam Sebsabtian Pino

Louisiana Court of Appeal, First Circuit · Filed March 12, 2025

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Opinion text

STATE OF LOUISIANA

IN RE: REBECCA SHAUN FRANZ NO. 2025 CW 0228
MCCASLAND PINO AND MIGUEL
SEBASTIAN PINO ZAPATA
APPLYING FOR INTRAFAMILY
ADOPTION OF LIAM SEBASTIAN
PINO

MARCH 12, 2025

In Re: Trinity Cheyenne Sanders, for
applying supervisory
writs, Juvenile Court Judicial District Court, Parish of
East Baton Rouge, No. 11560.

BEFORE: WOLFE, MILLER, AND GREENE, JJ.

STAY DENIED; WRIT DENIED. The decision of a trial court to
deny a motion for involuntary dismissal at the close of a

plaintiff' s case is purely discretionary. Louisiana Code of Civil
Procedure article 1672( B) affords the trial court discretion to
render or to decline to render any judgment until the close of all
evidence. Escobar v. Cajun Operating Co., 2016- 0558 ( La. lst
App.
Cir. 12/ 22/ 16), 209 So. 3d 198, 200. Moreover, relator has the
opportunity to produce evidence in her case upon resumption of the
trial.

SMM
HG

Wolfe, J., concurs. The criteria set forth in Herlitz
Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396
So. 2d 878
( La. 1981) ( per curiam) are not met.

URT OF APPEAL, FIRST CIRCUIT

D JUTY CLERK OF COURT
FOR THE COURT