Opinion
NO. 2015 CW 0727
08-28-2015
T.G. v. STATE OF LOUISIANA IN THE INTEREST OF T.E.G.; S.G.; AND C.T.G., MINOR CHILDREN OF H.K.G.
In Re: T.G., applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. 92539. BEFORE: WHIPPLE, C.J., McDONALD, McCLENDON, THERIOT AND DRAKE, JJ.
WRIT APPLICATION GRANTED IN PART; DENIED IN PART. We remand this matter to the trial court for retrial according to law pursuant to our authority under La. C.C.P. art. 2161 and art. 2164, since no transcription of the proceeding is available and no valid final judgment has been rendered. The trial court is to also consider T.G.'s Motion for Administrative Review. If no court reporter is available to transcribe the testimony, the trial court is to comply with La. C.C.P. art. 2130 and cause the clerk of court to take down the testimony in writing. The trial court should conduct the hearing by October 16, 2015. The writ is denied in all other respects.
JMM
MRT
EGD
VGW
McClendon, J., dissents, and would deny in part on the showing made and grant in part with order. It appearing that the 22nd Judicial District Court has not considered T.G.'s Motion for Administrative Review, by which he seeks a reduction in his child support obligation, I would grant the writ in part and remand this matter for further proceedings to consider this Motion. In all other respects, I would deny the writ on the showing made. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT