Opinion
NO. 2013 CW 1356
2013-09-24
BRETT M. FULLER v. CRISSY JONES FULLER
In Re:Crissy Jones Fuller, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 2013-000454.
BEFORE: PETTIGREW, McDONALD AND McCLENDON, JJ.
WRIT GRANTED WITH ORDER. The trial court's order dated June 22, 2013, which denied the motion to vacate the ex parte temporary custody order dated February 13, 2013 filed by the relator, is reversed. The February 13, 2013 ex parte temporary custody order sought to be vacated is expired by operation of law and is null and void. La. Code Civ. P. art 3945(C) (1) & (E). Accordingly, the trial court is ordered to set an expedited evidentiary hearing on the temporary custody of the child and visitation on or before October 31, 2013, pending a full hearing on custody as provided by law.
JMM
PMc
JTP
COURT OF APPEAL, FIRST CIRCUIT ______________________
DEPUTY CLERK OF COURT
FOR THE COURT