Ann Ruth Baehr Versus Staci Lyn Mangerchine and Raylan Kaine Melancon

ANN RUTH BAEHR NO. 22-C-366

VERSUS FIFTH CIRCUIT

STACI LYN MANGERCHINE AND RAYLAN COURT OF APPEAL
KAINE MELANCON
STATE OF LOUISIANA

August 17, 2022

Susan Buchholz
First Deputy Clerk

IN RE ANN RUTH BAEHR

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE COMMISSIONER
PATRICIA M. JOYCE, NUMBER 811-196

Panel composed of Judges Marc E. Johnson,
John J. Molaison, Jr., and June B. Darensburg

WRIT GRANTED IN PART; JUDGMENTS STAYED;
APPLICATION TRANSFERRED TO JUVENILE COURT

The instant application, which pertains to rulings on child custody made by a
district court, asserts that the proper venue for this matter remains in juvenile court,
which rendered the last custody order. The application presents a myriad of
procedural and factual questions that we cannot resolve on the face of the petition,
as filed. However, the application also contains several allegations about a child’s
future care which, if true, are cause for concern. Expedited consideration has been
requested, given the gravity of the rulings.

The relator, who is the child’s great aunt, had previously been granted
provisional custody by the Jefferson Parish Juvenile Court on December 14, 2020,
with the mother’s consent. That judgment, which is included in the writ
application, provides in relevant part that the order would remain in effect
“pending further orders.” While a juvenile court can exercise continuing
jurisdiction in custody matters as per La. Ch. C. art. 309, in order to do so the case
must meet certain criteria.

Jurisdiction is the legal power and authority of a court to hear and determine
an action or proceeding involving the legal relations of the parties, and to grant the
relief to which they are entitled. La. C.C.P. art. 1. The jurisdiction of a court over
the subject matter of an action or proceeding cannot be conferred by consent of the
parties; a judgment rendered by a court which has no jurisdiction over the subject
matter of the action or proceeding is void. La. C.C.P. art. 3. On the showing made,
we cannot determine whether the instant case falls under the juvenile court’s

exclusive purview which, if established, would mean that all of the district court
rulings complained of may be moot.

We are mindful that pleadings must be reasonably construed so as to afford
litigants their day in court, to arrive at the truth and to avoid a miscarriage of
justice. Pennebaker v. Jefferson Par., 383 So.2d 484, 486 (La. Ct. App. 1980),
citing Hero Lands Company v. Texaco, Inc., 310 So.2d 93 (La. 1975). An
appellate court shall render any judgment which is just, legal, and proper upon the
record on appeal. La. C.C.P. art. 2164. Pursuant to La. Code Civ. P. art. 2164,
courts of appeal have the power to remand a case for the introduction of additional
evidence if grave injustice might result from failure to do so. Cottonport Bank v.
Garrett, 012-0688 (La. App. 1st Cir. 12/21/12), 111 So.3d 431, 436, writ denied,
13-0165 (La. 3/1/13), 108 So.3d 1182. Such a remand is warranted only when the
new evidence is likely to affect the outcome of the case. Id. Whether a particular
case is remanded is a matter over which the court has much discretion and is
governed by the particular facts and circumstances of each case. Id.

In this case, we find that a remand to ensure that the proper venue for the
issues raised is a benefit to all concerned parties, and also serves the interest of
judicial efficiency. Accordingly, all district court rulings in this matter are
temporarily stayed, pending further orders of this Court. We transfer this
application to the Jefferson Parish Juvenile Court, Division “A,” for a
determination within 72 hours of this disposition on the issue of whether it has
exclusive continuing jurisdiction over this matter pursuant to any of the grounds
provided by La. Ch. C. art. 309. The writ application will then be supplemented by
the relator with the juvenile court’s ruling by Monday, August 22, 2022 at noon for
this court’s consideration.

Gretna, Louisiana, this 17th day of August, 2022.

JJM
JBD

2

ANN RUTH BAEHR NO. 22-C-366

VERSUS FIFTH CIRCUIT

STACI LYN MANGERCHINE AND RAYLAN COURT OF APPEAL
KAINE MELANCON
STATE OF LOUISIANA

JOHNSON, J., CONCURS WITH REASONS
I agree that the Juvenile Court is best equipped to determine whether it

can exercise its exclusive jurisdiction of this matter pursuant to La. Ch. C. art.

309. See Medus v. Medus, 379 So.2d 21 (La. App. 4th Cir. 1979), writ

denied, 381 So.2d 1235 (La. 1980). But, on its face, the December 14, 2020

judgment granting the voluntary transfer of custody of the minor child to Relator

does not specifically reserve the rights of the child’s absentee parents pursuant to

La. Ch. C. art. 1517. Therefore, I find Respondent’s pending action to annul the

judgment pursuant to La. C.C.P. art. 2004 in the district court is also supported

by jurisprudence. See Pollock v. Talco Midstream Assets, Ltd., 44,629 (La. App.

2 Cir. 9/23/09), 22 So.3d 1033, 1037–38. However, Respondent could also

pursue his nullity action in the Juvenile Court. Id. Thus, I find the December 7,

2020 judgment null and void and, unless Relator or the Juvenile Court is able to

supplement the record with additional evidence to support the Juvenile Court’s

exercise of exclusive jurisdiction over this matter pursuant to La. Ch. C. art. 309

within three days of this disposition, I would deny the writ.

MEJ

3

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
INTERIM CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON .
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
HANS J. LILJEBERG
JOHN J. MOLAISON, JR. FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 08/17/2022 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

22-C-366
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Patricia M. Joyce (DISTRICT JUDGE)
Laura J. Todaro (Relator)
Nicole R. Dillon (Respondent)

MAILED
Johnnie Lee Theall (Respondent) Stacy Mangerchine (Respondent) April F. Jackson (Respondent)
In Proper Person In Proper Person Attorney at Law
500 North Jackson Street 5272 Eudora Drive Post Office Box 3001
Kaplan, LA 70548 Addis, LA 70710 Baton Rouge, LA 70821

• Complete Items 1, 2, and 3.
• Print your name and adchss on the reverse
so that we can ratum the card to you.
• Attach this card to the back of the mallplece,
or on the front If space permits.
1. Article Add!9saed to:
April F. Jackson
Attorney at Law
..Post Office Box 300 I
Baton Rouge, LA 7082 l
22-C-366 08-17-22

PS Fonn 3811, July 2015 PSN 7530-02-ooo-eo53

•

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1. Article~ to: o. Is deUw1y addl9SS dllferent from Item 1? CJ Yes
If Y~. enter deUvery address below: CJ No
Johnnie Lee Theall, In Proper Person
500 North Jackson Street
Kaplan, I .A 70548
22-C-366 08-17-22

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