State ex Rel. P.A., 2011-55

Full title: STATE of Louisiana in the Interest of P.A

Court: Court of Appeal of Louisiana, Third Circuit

Date published: Jul 13, 2011

68 So. 3d 55 (La. Ct. App. 2011)

Opinion

No. 11-55.

June 1, 2011. Rehearing Denied July 13, 2011.^_

_ Saunders, J., would grant rehearing.

Appeal from the Fifteenth Judicial District Court, Parish Of Lafayette, No. JC20090990, Honorable Thomas R. Duplantier, District Judge.

Lloyd Dangerfield, Lafayette, LA, for Appellant N.M.M.

Vivian Neumann, Lafayette, LA, for Appellee J.A.

Allyson Prejean, Lafayette, LA, for Appellee C.M.

Tamara Rahim, State of Louisiana, Department of Social Services, Lafayette, LA, for Appellee State of Louisiana, Department of Social Services.

Michelle Breaux, Assistant District Attorney, Lafayette, LA, for Appellee State of Louisiana.

Court composed of JOHN D. SAUNDERS, OSWALD A. DECUIR and MARC T. AMY, Judges.

AMY, Judge.Page 1

For the reasons expressed in the companion case of State of Louisiana in the Interest of C.M., 11-54 (La.App. 3 Cir. 06/01/11), 68 So.3d 47, the judgment of the trial court is affirmed. All costs of this appeal are assessed to the appellant, N.M.M.

AFFIRMED.

SAUNDERS, Judge, dissents and assigns written reasons.

The record, as I read it, does not support the conclusion that there is no reasonable expectation of significant improvement in the mother's condition or conduct. Accordingly, I do not believe that the State has met its burden of proof, and I respectfully dissent.