Opinion
NO. 2013 CW 1853
11-15-2013
STATE OF LOUISIANA IN THE INTEREST OF A. D.
In Re: Francisco and Shellie Garces, applying for supervisory
writs, 16th Judicial District Court, Parish of St.
Mary, No. 2009-J-016465.
BEFORE: PETTIGREW, McDONALD, AND McCLENDON, JJ.
WRIT GRANTED. The district court's ruling, that it has no jurisdiction over relators' Petition for Intervention because of the pending appeal of the judgment terminating parental rights, is reversed. Relators' Petition for Intervention raises questions about the temporary placement of the child, pending these proceedings, and seeks to include relators in future review hearings regarding the placement of the child. It does not raise guestions pertaining to the judgment terminating parental rights. Accordingly, we find that the district court has jurisdiction to review the Petition for Intervention, regardless of the appeal. The matter is remanded with instructions that the district court consider the Petition for Intervention under La. Ch. C. arts. 692, 697 and 707.
PMc
JTP
JMM
COURT OF APPEAL, FIRST CIRCUIT ___________________
DEPUTY CLERK OF COURT
FOR THE COURT