KA-0012-0658 Nonprecedential Dismissed Processed

State of Louisiana v. Jonathan Parker

Louisiana Court of Appeal, Third Circuit · Filed August 8, 2012

Opinion text

12-658

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APPEAL FROM THE
TWENTY-SEVENTH JUDICIAL DISTRICT COURT
PARISH OF ST. LANDRY, NO. 01-NS-3890
HONORABLE JAMES PAUL DOHERTY, JR.

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JAMES T. GENOVESE
JUDGE

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Court composed of Marc T. Amy, James T. Genovese, and Shannon J. Gremillion,
Judges.

APPEAL DISMISSED. THE
DEFENDANT IS PERMITTED TO
FILE AN APPLICATION FOR
SUPERVISORY WRITS WITHIN
FIFTEEN DAYS OF THE DATE OF
THIS OPINION.

Hon. David Randal Wagley
ADA - 27th JDC
P.O. Box 1968
Opelousas, LA 70570
(337) 351-1630
COUNSEL FOR APPELLEE:
State of Louisiana

Kenneth R. Martinez
Attorney at Law
P.O. Box 119
Ville Platte, LA 70586
(337) 363-6639
COUNSEL FOR:
Support Enforcement, State of Louisiana

Brandon Guillory
Attorney at Law
413 N. Walnut St.
Opelousas, LA 70570
(337) 351-9000
COUNSEL FOR APPELLANT:
Jonathan Parker

Jonathan Parker, In Proper Person
830 Belle Drive
Breaux Bridge, LA 70517
(337) 315-9503

Cylneathea Ernestine
637 Old Dover Road
Morris Plaint, NJ 07950

Genovese, Judge.

This case is a nonsupport matter. On April 11, 2012, the Hearing Officer

recommended the Defendant, Jonathan Parker, be found in contempt of court for

failure to pay arrearages, serve ninety days in parish jail, the term of incarceration

be suspended, and be placed on two years unsupervised probation. The Defendant

filed an objection to the recommendation, and the matter was set for hearing. At a

hearing held on May 14, 2012, the district court signed a judgment affirming the

Hearing Officer’s recommendation. The Defendant filed a notice of appeal on

May 16, 2012. An appeal was granted by the district court on May 22, 2012.

The appellate record was lodged with this court on June 8, 2012. This court

subsequently issued a rule to show cause why the appeal should not be dismissed,

as the judgment is non-appealable. The Defendant did not respond.

The judgment at issue is not appealable. See La.Code Civ.P. art. 227;

La.R.S. 13:4611; La.Code Crim.P. art. 912.1. Accordingly, we hereby dismiss the

Defendant’s appeal. The Defendant may seek supervisory writs within fifteen (15)

days of the date of this decision. The Defendant is not required to file a notice of

intent to seek writs, nor must he obtain an order from the trial court setting a return

date, as is generally required by Uniform RulesCourts of Appeal, Rule 4-3. We

construe the notice of appeal as a timely-filed notice of intent to seek a supervisory

writ.

APPEAL DISMISSED. THE DEFENDANT IS PERMITTED TO FILE AN

APPLICATION FOR SUPERVISORY WRITS WITHIN FIFTEEN DAYS

OF THE DATE OF THIS OPINION.