Opinion
NO. 2015 CW 0927
09-24-2015
FELTON LOVE v. MELONIE LENISE THOMAS LOVE
In Re: Felton Love, applying for supervisory writs, Family Court in and for the Parish of East Baton Rouge, No. 190256. BEFORE: GUIDRY, HOLDRIDGE AND CHUTZ, JJ.
WRIT DENIED. Relator, a pro se litigant, who is seeking to confirm a preliminary default for a divorce in the Family Court in East Baton Rouge Parish under Louisiana Civil Code article 103(1), must appear in open court to obtain a judgment of divorce. The East Baton Rouge Parish Family Court judge is instructed to order that relator be transported from the prison to the court for the hearing confirming the divorce judgment.
Relator must also comply with La. Code Civ. P. art. 1702(E) and Louisiana District Court Rules, Appendix 28.0 and 28.1(C), Court Specific Rules Concerning Confirmation of Preliminary Defaults, adopted April 30, 2015 and effective July 1, 2015. Louisiana District Court Rules, Appendix 28.0, specific to the East Baton Rouge Parish Family Court, provides:
A. To confirm a preliminary default, plaintiff must submit:
(1) a petition;
(2) an affidavit executed by the petitioner within 30 days of rendering the judgment of the petitioner specifically testifying as to facts sufficient to obtain a divorce; and
(3) the original and one copy of the proposed judgment.
B. Individuals representing themselves must appear in open court to obtain a judgment of divorce.
C. These documents must be filed with the Court's docket clerks of the proper division with a cover letter indicating the action desired and a La. C.C.P. art. 1702 divorce checklist (Appendix 28.1B). Judgment will be signed and will include any ancillary relief stipulated to in the judgment.
D. If other relief is sought in addition to the divorce, the entire case must be fixed for hearing, unless petitioner furnishes a sworn affidavit of defendant stipulating to the other relief.
The required Louisiana Code Civ. P. art. 1702 divorce checklist is contained in District Court Rules, Appendix 28.1(B).
WRC
JMG
GH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT