In Re: Deborah B. Weiser
In Re: Deborah B. Weiser
Opinion
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 Brunswick Court New Orleans, LA 70131
Case-law data current through December 31, 2025. Source: CourtListener bulk data.