Opinion
NO. 2013 CW 0713
10-25-2013
LANGE WALKER ALLEN, II v. SUSAN TAYLOR ALLEN
In Re: Susan Taylor Allen, on Application for Rehearing, 22nd Judicial District Court, Parish of St. Tammany, No. 2011-14151 & 2011-15433.
BEFORE: WHIPPLE, PARRO, McDONALD, WELCH, AND DRAKE, JJ.
APPLICATION FOR REHEARING DENIED. The District Court is without authority to establish its own jurisdiction by local rule. See Louisiana Code of Civil Procedure art. 193.
Further, since the family divisions of the Twenty-Second Judicial District Court lacked subject matter jurisdiction over the issues in dispute at the time the matter was transferred from Division "B" to Division "K," the transfer was void, see La. C.C.P. art. 3, and violative of La. C.C.P. art. 253.1. See In re Elloie, 05-1499 (La. 1/19/06), 921 So.2d 882, 898.
Additionally, even if the Twenty-Second Judicial District Court had authority to establish its own jurisdiction, 22nd JDC District Court Rule 23 as amended effective October 1, 2012 cannot be retroactively applied to the litigation at issue since the amended rule contains substantive amendments that can only be applied prospectively. See State in the Interest of H. W., 13-0231 (La.App. 1 Cir. 7/25/13), __ So.3d __ .
RHP
JMM
JEW
Whipple, C.J., and Drake, J., dissent and would grant rehearing and deny the writ. We conclude that the Twenty-Second Judicial District Court family divisions "K" & "L" possess subject matter jurisdiction over the subject matter of the underlying litigation. Accordingly, we would vacate our ruling of July 15, 2013 that granted Lange Walker Allen, II's, writ application, 2013 CW 0713, and vacated all pertinent judgments and rulings. We would deny Lange Walker Allen, II's writ application. COURT OF APPEAL, FIRST CIRCUIT _____________
DEPUTY CLERK OF COURT
FOR THE COURT