Opinion
Nos. 2010 CU 0353 consolidated with 2010 CU 0354.
September 14, 2010.
ON APPEAL FROM THE 21ST JUDICIAL DISTRICT COURT, IN AND FOR THE PARISH OF TANGIPAHOA, STATE OF LOUISIANA TRIAL COURT NO. 2009-0001780 C/W 2009-0001962 THE HONORABLE BRENDA BEDSOLE RICKS, JUDGE PRESIDING.
Mark D. Plaisance, Baker, LA, and Harry W. Ezim, Jr., Baton Rouge, LA, Attorneys for Appellant, Asahel Foster.
Vanessa R. Williams, Hammond, LA, Attorney for Appellee, David Paul Foster, Sr.
BEFORE: CARTER, C.J., KUHN, GUIDRY, PETTIGREWAND McDONALD JJ.
ON REHEARING
Rehearing was granted for consideration of this matter by a 5-judge panel. For the reasons stated in the original opinion, Foster v. Foster, 10-0353 c/w 10-0354 (La. App. 1 Cir. 6/11/10) (unpublished), we maintain our earlier decree, affirming the judgment of the trial court and assessing all costs of this appeal to Asahel Foster. AFFIRMED.
I concur to state that I agree with the result reached in the original opinion. Moreover, appellant, Asahel Foster, failed to urge in a procedurally correct manner her attempt to nullify the judgment (see La.C.C.P. art. 2001 et seq.). She further failed to support her motion to vacate the July 27, 2009 judgment by sufficient evidence to satisfy the mandates of La.C.C.P. art. 2001 et seq.