IN RE: INTERDICTION OF CARROLL NO. 23-C-307 LEBLANC CONSTANCE FIFTH CIRCUIT COURT OF APPEAL STATE OF LOUISIANA

July 13, 2023 Linda Wiseman First Deputy Clerk

IN RE KIMBERLY CONSTANCE APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE DANYELLE M.

TAYLOR, DIVISION "O", NUMBER 810-004

Panel composed of Judges Stephen J. Windhorst, Cornelius E. Regan, Pro Tempore, and Jason Verdigets, Pro Tempore

WRIT GRANTED; ORDER VACATED; REMANDED In this writ application, relator/intervenor, Kimberly Constance (“Kimberly”), seeks review of the trial court’s May 26, 2023 Order, which dismissed her “Emergency Ex Parte Limited Motion to Stay Pending Appeal” with prejudice, ordered her to comply with the requirements of the curator, Louisiana Guardianship Services, Inc. (“LGSI”), and ordered her to pay costs and attorney fees to LGSI. For the following reasons, we grant the writ application, vacate the trial court’s May 26, 2023 Order, and remand for a contradictory hearing.

On February 14, 2023, the trial court rendered a judgment ordering that Carroll Constance (“Carroll”), Kimberly’s mother, be placed under a full and permanent interdiction. In this judgment, the trial court also appointed LGSI as curator for Carroll. Counsel for Carroll filed a Motion for Appeal, which was granted on March 6, 2023.

On May 3, 2023, the trial court issued reasons for judgment. The writ application includes an email dated May 17, 2023 from counsel for LGSI to Kimberly stating that, after reviewing the reasons for judgment, LGSI determined that it is in Carroll’s best interest that no one involved in the interdiction proceedings live in her home. The email provided that Kimberly was to move out of Carroll’s home within 14 days. The next day, May 18, 2023, Kimberly filed an Emergency Ex Parte Limited Motion to Stay Pending Appeal, in which she requested that the trial court issue an Order staying LGSI’s demand that she move out of Carroll’s home and ordering LGSI to allow her to continue to reside with Carroll during the pendency of the appeal. Kimberly stated that she had been living with and caring for her mother since 2020. Although it was labeled “Ex Parte,” the motion included a proposed rule to show cause order to set the matter for hearing.

On May 24, 2023, counsel for LGSI filed a memorandum in opposition to Kimberly’s motion, asking the trial court to dismiss the motion with prejudice on the grounds that the law does not allow a curator’s decision to be stayed, pursuant to La. C.C.P. art. 4555. LGSI also sought an order of attorney fees and costs for defending the motion. The trial court denied Kimberly’s motion on the merits and dismissed it without a contradictory hearing or issuing a rule to show cause.

La. C.C.P. art. 4555 provides that a judgment of interdiction or a judgment appointing or removing a curator is not suspended during the pendency of an appeal. Kimberly has not sought to suspend the judgment of interdiction or the appointment of LGSI as curator. Rather, the relief sought in her motion was an order staying the curator’s demand that she move out of her mother’s home.

Relator asserts that the trial court erred by rendering its decision on her motion without holding a contradictory hearing. We agree.

La. C.C.P. art. 963 provides: If the order applied for by written motion is one to which mover is clearly entitled without supporting proof, the court may grant the order ex parte and without hearing the adverse party.

If the order applied for by written motion is one to which the mover is not clearly entitled, or which requires supporting proof, the motion shall be served on and tried contradictorily with the adverse party.

The rule to show cause is a contradictory motion.

While we express no opinion on the merits of Kimberly’s Emergency Ex Parte Limited Motion to Stay Pending Appeal, we find that the trial court erred by dismissing her motion with prejudice without first affording her an opportunity to be heard at a contradictory hearing as requested. Accordingly, we grant this writ application, vacate the May 26, 2023 Order in its entirety, and remand for a contradictory hearing.

Gretna, Louisiana, this 13th day of July, 2023.

CER SJW JMV 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 ROBERT A. CHAISSON LINDA M. WISEMAN STEPHEN J. WINDHORST FIRST DEPUTY CLERK JOHN J. MOLAISON, JR. CORNELIUS E. REGAN, PRO TEM 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 07/13/2023 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:

23-C-307 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Danyelle M. Taylor (DISTRICT JUDGE) Randall A. Smith (Respondent) Matthew A. Sherman (Relator) Dylan T. Leach (Respondent) MAILED Jason D. Asbill (Respondent) Vincent F. Wynne, Jr. (Respondent) Anna M. Singleton (Relator) Colin Leonard (Respondent) Attorney at Law Attorney at Law Attorney at Law 410 North Jefferson Avenue One Galleria Boulevard 2121 North Causeway Boulevard Covington, LA 70433 Suite 1100 Suite 172 Metairie, LA 70001 Metairie, LA 70001 SENDER. COMP! ETE THIS SFCTION • Complete Items 1, 2, and 3. • Print YOl.I" name and address on th& reverse so that we can ~ the card to you.

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D. Is delively address different from it8m 1? 0 Yes If YES, enter dellYely address below: 0 No Jason D. Asbill Attorney at Law l North Causeway Boulevard Suite 1 /2 Metairie, LA 70001 ?1-r.-107 07- 11-21 3. Service 1)'pe 0 Priority Mal~ 1111111111111111111111111111111111111111111111 o Adult S1gn11ture a Reglltered Md"' Slgnabn Aellltcted Delwry ~Mall Restricted 9590 9402 2434 6249 3573 44 Certilled Malle a Certified Mall Relltrtcted D10very Return Receipt tor a Collect on DelY8IY Merchandlee -2..,...-Artlc:l,.....,...,.....e.,..,Number___,.---,ffl=-rat-IS-fer~from-S«Vlee--,-a..,,,.-----l D Coffect on Delivery Restr1ctec1 Oellwry D Slgnatln Conflrmallon"' _, - · • • ·-. D Signature Conflrmatlon a1 b 2 a7 a aaao a9 s 4 7 7 s2 j1 fleltltct8d Oellwry RMtricted Delt..wy ' • PS Form 3811, July 2015 PSN 7530-02-000-9053 r -- -~-

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1. ArUcJe Addressed to: Ani!::! M. Singleton Attorney at Law 0~ r. illeria Boulevard Suite 1100 Metairie, LA 7000 I 23-C-307 07-13-23 3. Service 'JYpe 0 Priority Mall~

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