Fernandez v. Fernandez
Fernandez v. Fernandez, 861 So. 2d 704 (La. Ct. App. 1st Cir. 2003).
Cited by
- State of Louisiana Versus Carolina Morales La. Ct. App. 5th Cir. 2024
- State of Louisiana Versus Anthony L. Lane La. Ct. App. 5th Cir. 2021
- State v. Gray 235 So. 3d 1270 La. Ct. App. 1st Cir. 2017
- State v. Carter 170 So. 3d 328 La. Ct. App. 1st Cir. 2015
- State v. Lang 128 So. 3d 330 La. Ct. App. 1st Cir. 2013
- State v. Domangue 119 So. 3d 690 La. Ct. App. 1st Cir. 2013
- State v. Lirette 102 So. 3d 801 La. Ct. App. 1st Cir. 2012
- State v. Pettus 96 So. 3d 1240 La. Ct. App. 1st Cir. 2012
- State v. Cartagena 90 So. 3d 1170 La. Ct. App. 1st Cir. 2012
- State v. Jones 78 So. 3d 274 La. Ct. App. 1st Cir. 2011
- State v. Jacobs 67 So. 3d 535 La. Ct. App. 1st Cir. 2011
- State v. Johnson 47 So. 3d 449 La. Ct. App. 1st Cir. 2010
Opinion text
JAMES L. CANNELLA, Judge. This is an appeal by the Plaintiff, Freddie M. Fernandez, from a child custody judgment. We dismiss the appeal as untimely. The applicable time delays for taking an appeal from a custody judgment are provided by La.C.C.P. arts. 3943, 3942 and 2087(A)(l)-(3). Under La.C.C.P. art. 3943, an appeal from a judgment of custody must be filed in conformity with C.C.P. art. 3942, which provides for an appeal to be filed within SO days from the applicable date provided in C.C.P. art. 2087(A)(1)-(3). The 30 day limitation is an exception to the 60 days for taking a devolutive appeal set forth in Article 2087(A). The applicable date from which the time is counted is from either the expiration of the delay for applying for a new trial, if no application was applied for, or from notice of the denial of the new trial, if an application was made. In this case, the judgment was rendered on February 28, 2003, the notice of judgment mailed on March 6, 2003 and the motion for appeal filed on April 29, 2003. To be timely, the notice of appeal had to be filed no later than April 16, 2003. Since the appeal is untimely, we lack jurisdiction over the matter. Accordingly, the appeal is hereby dismissed. APPEAL DISMISSED