150 So. 3d 934
La. Ct. App.2014Background
- Trial court signed a considered decree of custody on December 13, 2013; clerk mailed notice on December 18, 2013.
- Under La. C.C.P. arts. 1974, 2087 and 3942–3943, an appeal from a custody judgment must be filed within 30 days after the new-trial period expires.
- The seven-day new-trial period expired January 2, 2014; the 30-day appeal window therefore expired February 3, 2014.
- Defendant Blankenship filed a pro se motion for devolutive appeal on February 6, 2014, which the trial court denied as untimely.
- Defendant filed a second motion for devolutive appeal on March 12, 2014; the trial court granted that second motion, but the appellate court found it was untimely and thus had no jurisdiction.
- Appellate court held that timeliness of appeals in custody cases is jurisdictional and cannot be extended by trial or appellate courts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal was timely | N/A (state challenged timeliness) | Blankenship argued entitlement to appeal despite timing | Appeal was untimely; missed the Feb 3, 2014 deadline |
| Whether trial court could grant late motion for devolutive appeal | State: trial court lacked authority to extend jurisdictional delay | Blankenship sought relief via second motion and extension request | Trial court erred in granting the March motion; cannot extend delay |
| Whether appellate court has jurisdiction over untimely custody appeal | State: no jurisdiction without timely motion | Blankenship sought appellate review despite delay | Appellate court lacks jurisdiction; may dismiss sua sponte |
| Whether any equitable relief (extension/writ) could save appeal | State: statutory deadlines control regardless of equities | Blankenship filed motions for extension and to reurge appeal | No authority to extend jurisdictional appeal period; dismissal required |
Key Cases Cited
- Seaman v. Seaman, 54 So.3d 756 (La. App. 3d Cir. 2010) (timeliness of custody appeals is jurisdictional)
- State ex rel. E.A., 827 So.2d 594 (La. App. 3d Cir. 2002) (trial courts lack authority to extend appeal delays in custody matters)
- Davis v. Caraway, 136 So.3d 81 (La. App. 5th Cir. 2014) (appellate court may recognize and dismiss untimely appeals)
- Falkins v. Jefferson Parish School Board, 695 So.2d 1005 (La. App. 5th Cir. 1997) (untimely appeals deprive appellate court of jurisdiction)