Opinion
NO. 2018 CW 0856
07-24-2018
JOSEPH AIAVOLASITI KOTT v. ASHLEY KOTT
In Re: Joseph Aiavolasiti Kott, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2015-10050. BEFORE: THERIOT, CHUTZ AND PENZATO, JJ.
WRIT GRANTED WITH ORDER. The trial court legally erred in finding that the Rule to Re-Establish Visitation, Modify the Consensual Protective Order and Modify Physical and Legal Custody was premature. See Babcock v. Martin, 2016-0073 (La. App. 1st Cir. 9/16/16), 2016 WL 4973229 (unpublished). The ruling of the trial court sustaining the exception of prematurity is reversed, and the exception of prematurity filed by Ashley Kott is denied.
The portion of the order finding Joseph Aiavolasiti Kott in contempt of court is a final and appealable judgment once reduced to writing. Therefore, provided that the oral ruling of June 13, 2018, finding applicant, Joseph Aiavolasiti Kott, in contempt and imposing sanctions of costs and attorney's fees has been reduced to writing, the writ application is granted for the limited purpose of remanding the matter to the trial court with instructions to grant the relator, Joseph Aiavolasiti Kott, an appeal pursuant to the June 25, 2018 Notice of Intention to Apply for Supervisory Writs. See In Re Howard, 541 So.2d 195 (La. 1988) (per curiam). In the event Joseph Aiavolasiti Kott seeks to appeal the trial court's judgment, he shall submit an order for appeal to the trial court within fourteen days of this court's order. Additionally, a copy of this court's order is to be included in the appellate record.
WRC
AHP
MRT
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT