Interdiction of Greenblatt
Interdiction of Greenblatt
Opinion of the Court
Relators, relatives of an interdicted adult, filed a petition to remove the interdict’s curator pursuant to La. R.S. 9:1025. In connection with that petition, relators filed a motion to recuse the trial judge. The trial judge denied the motion to re-cuse without a hearing, on the grounds relators lacked procedural capacity to seek recusal. The court of appeal denied writs on this issue. This application followed.
Accordingly, the writ is granted. The judgment of the trial court is vacated and set aside and the case remanded to the trial court for consideration of relators’ motion to recuse on the merits.
. If the trial court finds that the grounds are not valid, the court may deny the motion without referring it to another judge. State v. Williams, 601 So.2d 1374 (La. 1992). If the court finds the grounds are valid, it should follow the provisions in La.Code Civ. P. art. 154.
Reference
- Full Case Name
- INTERDICTION OF Emily Lori GREENBLATT
- Cited By
- 1 case
- Status
- Published