Becker v. Becker, 602 So. 2d 1010

Becker v. Becker

602 So. 2d 1010 | La. | 1992

Concurrence Opinion

CALOGERO, Chief Justice,

concurs in part and dissents in part with the suggested disposition.

I agree with the order directing an expedited hearing in the Court of Appeal. However, I dissent from the denial of the requested stay order. I believe that Bergeron v. Bergeron, 492 So.2d 1193 (La.1986) would probably dictate a reversal of the district court’s judgment removing custody from the applicant. The sole assignment of error to this Court is meritorious in my view. This Court has consistently held that a writ of certiorari or review will not be recalled for the applicant’s prior *1011failure to comply with the court rules. See Wischer v. Madison Realty Co., 242 La. 334, 136 So.2d 62 (1961); Britt v. Merritt, 219 La. 333, 53 So.2d 121 (1951); Davies v. Consolidated Underwriters, 199 La. 459, 6 So.2d 351 (1942).

Lead Opinion

IN RE: Artis, Teresa M. Becker; —Plaintiff(s); Applying for Supervisory and/or Remedial Writs; to the Court of Appeal, Third Circuit, Number CW92-0819; Parish of Rapides 9th Judicial District Court Div. “D” Number 152,583.

Granted. Case remanded to the court of appeal to review the case on the merits in an expedited manner. The request for a stay order is denied.

Concurrence Opinion

DENNIS, Justice,

concurs in part and would vote for the following action:

“Writ granted. The Third Circuit Court of Appeal order of August 3, 1992 is vacated and the Court of Appeal order of July 31, 1992 is reinstated. The case is remanded to the Court of Appeal for its disposition in light of Bergeron v. Bergeron, 492 So.2d 1193 (La.1986).”

WATSON, Justice,

joins the per curiam order, but would stay the trial court order changing domiciliary custody until a review determined whether the record supports a change.