Michelle L. Williamson v. Jason C. Hebert

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

06-1273

MICHELLE L. WILLIAMSON
VERSUS
JASON C. HEBERT

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APPEAL FROM THE
FIFTEENTH JUDICIAL DISTRICT COURT
PARISH OF LAFAYETTE, NO. 2004-4601
HONORABLE DAVID A. BLANCHET, DISTRICT JUDGE

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JOHN D. SAUNDERS
JUDGE

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Court composed of John D. Saunders, Jimmie C. Peters, Billy H. Ezell, Judges.

MOTION TO REINSTATE APPEAL DENIED.

S. Stephen Spring, II
Spring & Spring, LLC
733 East Airport Avenue, Suite 104
Baton Rouge, LA 70806
(225) 932-9671
COUNSEL FOR DEFENDANT/APPELLANT:
Jason C. Hebert

Larry T. Richard
Miller & Richard, LLC
601 Clegg Street
Rayne, LA 70578
(337) 334-2147
COUNSEL FOR PLAINTIFF/APPELLEE:
Michelle L. Williamson

SAUNDERS, Judge.

The defendant-appellant, Jason C. Hebert, moves to have his appeal

reinstated by this court. The devolutive appeal was dismissed on December 12,

2006, because the appellant failed to file a brief with this court. We hereby

deny the motion to reinstate appeal.

The plaintiff-appellee, Michelle L. Williamson, filed suit against the

appellant seeking child custody and child support in the interest of two minor

children of the couple. On February 16, 2006, the trial court signed a

judgment setting the amount of past due child support, a visitation schedule

and payment terms. The trial court also found the appellant in contempt and

ordered him to serve two days in the Lafayette Parish Jail, but suspended the

sentence on the condition that the appellant make timely child support

payments and pay all arrearages and attorney’s fees within sixty days of the

judgment.

The appellant filed a motion and order for suspensive appeal on April

12, 2006. The trial court signed the order on May 12, 2006, granting the

appellant a devolutive appeal.

The appeal record was lodged with this court on September 29, 2006.

The appellant’s brief was due to be filed in this court no later than October 24,

2006. Uniform Rules—Courts of Appeal, Rule 2–12.7. Upon the appellant’s

failure to file the brief, this court ordered the appellant to file his brief by

December 7, 2006, pursuant to Uniform Rule—Courts of Appeal, Rule 2-8.6.

When this court did not receive the appellant’s brief by the foregoing date, this

court dismissed the appeal on December 12, 2006. La.Code Civ.P. arts. 561,

2162, and 2165. Uniform Rules—Courts of Appeal, Rules 2–8.6 and 2–12.12.

The appellant requests that this court reinstate his appeal, claiming that

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his attorney’s law office was relocated and the change of address delayed the

arrival of this court’s notifications. The appellant’s motion explains that

although his attorney did receive the delayed final briefing notice, it arrived

when the attorney was preparing for a week-long criminal trial, and the

attorney overlooked the deadline, which expired while he was trying the

criminal case. The appellant’s motion further states that the appellee’s rights

will not be affected by reinstatement of this appeal as the minor children have

already been removed from the state and all the payments required by the trial

court have already been made. The appellant requests this court reinstate his

appeal and grant him one week to file his brief.

We find that the appellant has not shown good cause for the

reinstatement of his appeal. The appellant admits that his attorney received

this court’s final briefing notice before the deadline for filing the appellant’s

brief expired. The appellant could have timely sought an extension of time in

which to file, but did not do so. Therefore, the appellant’s appeal was

properly dismissed and will not be reinstated.

MOTION TO REINSTATE APPEAL DENIED.

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