Supreme Court of Louisiana, 1987

In re Mullen

In re Mullen
Supreme Court of Louisiana · Decided January 30, 1987 · Fee, Has, Lemmon, Marcus, Motion, Trial, Watson
501 So. 2d 197; 1987 La. LEXIS 8429 (Southern Reporter, Second Series)

In re Mullen

Opinion of the Court

IN RE: Babst, Loretto M. — Other; Applying for Writ of Certiorari and Mandamus; to the Court of Appeal, Fourth Circuit, Number CA-6381; Parish of Orleans Orleans Parish Juvenile Court Div. “C” Number 86-16904-Y.

Granted. The orders and the judgments of the courts below are vacated; the case is remanded to the juvenile court to fix relator’s fees and then render judgment.

Dissenting Opinion

MARCUS & LEMMON, JJ.,

dissent.

The trial court retains jurisdiction over all matters reviewable on an appeal. La.C.C.P. Art. 2088. Relator’s claim for fees and costs has not been tried or decided, and the claim will not be barred by res judicata by the elapsing of the period for appealing the dismissal of the custody action.

WATSON, J., dissents. All relator has to do is file a motion to fix her fee in the trial court.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.