Opinion
No. 2009 CU 1243.
March 1, 2010.
APPEALED FROM THE 21ST JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF LIVINGSTON STATE OF LOUISIANA CASE NO. 95176 THE HONORABLE ELIZABETH P. WOLFE, JUDGE PRESIDING.
Sherman Q. Mack, Albany, Louisiana, Counsel for Plaintiff/Appellee, Mary Amanda Stephens.
Erik L. Burns, Denham Springs, Louisiana, Counsel for Defendant/Appellant Ricky Ballard.
BEFORE: DOWNING, GAIDRY, AND McCLENDON, JJ.
Considering the judgment of the trial court signed on November 24, 2009, following the remand of this matter for the purpose of clarifying the issue of the trial court's jurisdiction and the related issue of Ms. Stephens's cause or right of action to seek modification of custody, the trial court expressly determining that it lacked subject matter jurisdiction over the issue of custody,
IT IS ORDERED BY THE COURT that the judgment of the trial court of February 25, 2009, and any prior consent judgments of the trial court subsequent to the juvenile court's July 25, 2006 review hearing be and are hereby reversed for lack of the trial court's subject matter jurisdiction, and that this appeal is likewise dismissed for lack of jurisdiction.