In re Mullen

501 So. 2d 197 | La. | 1987

Lead Opinion

IN RE: Babst, Loretto M. — Other; Applying for Writ of Certiorari and Mandamus; to the Court of Appeal, Fourth Circuit, Number CA-6381; Parish of Orleans Orleans Parish Juvenile Court Div. “C” Number 86-16904-Y.

Granted. The orders and the judgments of the courts below are vacated; the case is remanded to the juvenile court to fix relator’s fees and then render judgment.

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Dissenting Opinion

MARCUS & LEMMON, JJ.,

dissent.

The trial court retains jurisdiction over all matters reviewable on an appeal. La.C.C.P. Art. 2088. Relator’s claim for fees and costs has not been tried or decided, and the claim will not be barred by res judicata by the elapsing of the period for appealing the dismissal of the custody action.

WATSON, J., dissents. All relator has to do is file a motion to fix her fee in the trial court.