224 So. 3d 1160
La. Ct. App.2017Background
- Parents (Devereux and Atkins) never married; child born April 2010. No prior judicial custody order.
- Devereux filed for custody in June 2015 seeking domiciliary status; Atkins later married another man.
- A hearing officer recommended joint custody with Atkins domiciliary; Devereux filed objections to that recommendation in September 2015.
- Local Rule Appendix 35.5(G) requires an objecting party to request a trial/hearing within 90 days of filing objections or objections are deemed abandoned and the hearing officer’s report will be adopted.
- Devereux’s motion to set a trial date was filed more than 90 days after the objection; Atkins moved to dismiss the objection as untimely. The trial court denied the motion to dismiss, held a custody trial, and awarded domiciliary custody to Devereux.
- Atkins appealed only the denial of her motion to dismiss; the appellate court affirmed, reasoning the local procedural rule cannot defeat substantive consideration of the child’s best interests.
Issues
| Issue | Atkins' Argument | Devereux' Argument | Held |
|---|---|---|---|
| Whether the trial court erred by denying Atkins' motion to dismiss Devereux's objection to the hearing officer's report as untimely under Local Rule Appendix 35.5(G) | Atkins: Rule required setting a trial within 90 days; failure to do so mandates dismissal and adoption of the hearing officer's report. | Devereux: Rule is procedural and discretionary; court may decline dismissal and must be free to examine custody issues in the child’s best interest. | Court affirmed denial. The local 90-day procedural rule is subordinate to substantive law; dismissal would improperly deprive the court of evaluating child’s best interests; trial court did not abuse its discretion. |
Key Cases Cited
- Rodgers v. Rodgers, 170 So.3d 382 (La. App. 2 Cir. 2015) (procedural rules serve substantive rights and are not ends in themselves)
- Unwired Telecom Corp. v. Parish of Calcasieu, 903 So.2d 392 (La. 2005) (local rules must implement substantive law)
- Rodrigue v. Rodrigue, 591 So.2d 1171 (La. 1992) (local rules of court cannot conflict with legislation)
- B.A. Kelly Land Co. v. Questar Expl. & Prod. Co., 106 So.3d 181 (La. App. 2 Cir. 2012) (courts may adopt local procedural rules so long as they do not contradict statutory law)