In Re: Deborah B. Weiser

IN RE: DEBORAH B. WEISER NO. 24-C-429

FIFTH CIRCUIT

COURT OF APPEAL

STATE OF LOUISIANA

November 18, 2024

Linda Wiseman
First Deputy Clerk

IN RE DEBORAH B. WEISER

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE LEE V.
FAULKNER, JR., DIVISION "P", NUMBER 782-693

Panel composed of Judges Stephen J. Windhorst,
John J. Molaison, Jr., and Timothy S. Marcel

WRIT DENIED

In a notice of intent to file supervisory writs filed on August 21, 2024,

relator, Deborah Weiser, indicated she intended to file a supervisory writ to this

court from a July 22, 2024 trial court judgment, denying her motion to file appeal

in forma pauperis. In her writ application, however, relator states that she

“submits this memorandum in support of this application for supervisory and

mandamus writ or to reverse the judgment rendered on June 21, 2024 … depriving

and denying Mrs. Weiser right to return of immovable, movable, corporeal and

incorporeal community properties of the legal regime between her and deceased

husband.” Relator attaches to the writ application reasons for judgment from the

trial court dated June 21, 2024, which indicate the trial court considered relator’s

application to proceed in forma pauperis on June 18, 2024 and rendered judgment

denying that application on June 21, 2024. Relator did not attach the June 21,

2024 judgment to her writ application.

In her writ application, relator asserts vague and unspecific assignments of

error, namely that the judgment of the trial court committed plain errors, manifest

errors and constitutional errors, abused its discretion, and should be reversed.

Relator also presents vague and unspecific issues, including whether she was

deprived of property interests and rights, whether the judgment contravened her

federal and state statutory laws, whether the lawyers conduct violated the

Louisiana Professional Code of Conduct and committed fraud on the court, and

whether the judicial officials violated the Code of Judicial Conduct. Relator

attaches to her writ application various pleadings, trial court judgments, and two

hearing transcripts pertaining to issues in her late husband’s succession, the

Succession of Howard A. Weiser, Sr. Based on the contents of her writ

application, it is unclear as to which judgment relator actually seeks review.

To the extent relator seeks review of the judgment denying her motion for

appeal in forma pauperis (as indicated in her notice of intent), according to the

trial court’s June 21, 2024 reasons for judgment, the denial of her request to

proceed in forma pauperis was rendered on June 21, 2024. Relator filed her notice

of intent on August 21, 2024, beyond the 30 day period. As a result, relator’s

notice of intent is untimely. La. U.R.C.A, Rule 4-3. In addition, relator has failed

to comply with La. U.R.C.A, Rule 4-5 in that she did not attach a copy of the

actual judgment, the motion, any opposition, or any pertinent minutes. Relator

also does not brief any issues relative to the denial of the motion for appeal in

forma pauperis, as required by La. U.R.C.A., Rules 4-8 and 2-12.4.

Consequently, we cannot review the trial court’s judgment denying relator’s

motion to file appeal in forma pauperis.

To the extent relator seeks review of any other judgment, relator has not

provided a notice of intent relative thereto or a copy of a judgment to reflect timely

filed pleadings.

Accordingly, we have no basis upon which to grant relief, and deny this

writ application.

Gretna, Louisiana, this 18th day of November, 2024.

SJW
JJM
TSM

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
STEPHEN J. WINDHORST LINDA M. WISEMAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL 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 11/18/2024 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:

24-C-429
E-NOTIFIED
24th Judicial District Court (Clerk)
Hon. Lee V. Faulkner, Jr. (DISTRICT JUDGE)
Stephen D. Marx (Respondent)

MAILED
Deidre K. Peterson (Relator)
Attorney at Law
102 Brunswick Court
New Orleans, LA 70131