In re State

Full title: STATE OF LOUISIANA IN THE INTEREST OF H.N.

Court: FIFTH CIRCUIT COURT OF APPEAL STATE OF LOUISIANA

Date published: Mar 13, 2015

NO. 15-KA-97 (La. Ct. App. Mar. 13, 2015)

Opinion

NO. 15-KA-97

03-13-2015

STATE OF LOUISIANA IN THE INTEREST OF H.N.

PAUL D. CONNICK, JR. DISTRICT ATTORNEY TERRY M. BOUDREAUX ASSISTANT DISTRICT ATTORNEY Twenty-Fourth Judicial District Parish of Jefferson 200 Derbigny Street Gretna, Louisiana 70053 AMANDA L. CALOGERO ASSISTANT DISTRICT ATTORNEY Juvenile Court 1546 Gretna Boulevard Harvey, Louisiana 70058 COUNSEL FOR PLAINTIFF/APPELLEE KATHERINE M. FRANKS ATTORNEY AT LAW Louisiana Appellate Project P. O. Box 1677 Abita Springs, Louisiana 70420 COUNSEL FOR DEFENDANT/APPELLANT

STEPHEN J. WINDHORST JUDGE

ON APPEAL FROM THE JEFFERSON PARISH JUVENILE COURT PARISH OF JEFFERSON, STATE OF LOUISIANA
NO. 12-JU-25, DIVISION "C" HONORABLE BARRON C. BURMASTER AND
HONORABLE ANN MURRY KELLER, JUDGE PRESIDING

Panel composed of Judges Fredericka Homberg Wicker, Jude G. Gravois, and Stephen J. Windhorst PAUL D. CONNICK, JR.

DISTRICT ATTORNEY
TERRY M. BOUDREAUX

ASSISTANT DISTRICT ATTORNEY

Twenty-Fourth Judicial District

Parish of Jefferson

200 Derbigny Street

Gretna, Louisiana 70053
AMANDA L. CALOGERO

ASSISTANT DISTRICT ATTORNEY

Juvenile Court

1546 Gretna Boulevard

Harvey, Louisiana 70058

COUNSEL FOR PLAINTIFF/APPELLEE
KATHERINE M. FRANKS

ATTORNEY AT LAW

Louisiana Appellate Project

P. O. Box 1677

Abita Springs, Louisiana 70420

COUNSEL FOR DEFENDANT/APPELLANT
REHEARING GRANTED: APPEAL DISMISSED WITHOUT PREJUDICE

We grant this rehearing and recall our opinion dismissing this appeal for lack of appellate jurisdiction. This Court has appellate jurisdiction over delinquency proceedings pursuant to La. Ch.C. art. 330A. However, we now render this opinion dismissing this appeal, without prejudice, as premature. In a delinquency proceeding an appeal may be taken only after a judgment of disposition. La. Ch.C. art. 330B. Appellant filed his motion for appeal on December 23, 2014, prior to the trial court's disposition on January 8, 2015. Appellant has since filed an out of time appeal.

Accordingly, we grant this rehearing, recall our original opinion, and render this opinion dismissing the earlier appeal without prejudice.

REHEARING GRANTED; APPEAL DISMISSED WITHOUT PREJUDICE