STATE OF LOUISIANA IN THE INTEREST OF S. M. U. C., W. M. U. C., AND D. Y. U. C.
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STATE OF LOUISIANA IN THE INTEREST OF S. M. U. C., W. M. U. C., AND D. Y. U. C. NO. 15-CA-645 FIFTH CIRCUIT COURT OF APPEAL STATE OF LOUISIANA ON APPEAL FROM THE JEFFERSON PARISH JUVENILE COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 15-TP-8, DIVISION "A" HONORABLE NANCY AMATO KONRAD, JUDGE PRO TEMPORE <;,-,U~Cl o_.:>pEAL FIFTH CIPC if IT January 28, 2016 FILED JAN 28 2016 MARC E. JOHNSON JUDGE Panel composed of Judges Susan M. Chehardy, Marc E. Johnson, and Hans J. Liljeberg JESSICA COALTER ATTORNEY AT LAW State of Louisiana, Department of Family Services 1450 Poydras Street Suite 1600 New Orleans, Louisiana 70112 COUNSEL FOR PLAINTIFF/APPELLANT MARY R. MUSTALLER MCMILLAN ATTORNEY AT LAW Southeast Louisiana Legal Services 1010 Common Street Suite 1400A New Orleans, Louisiana 70112 COUNSEL FOR MINORS/APPELLEES APPEAL DISMISSED Plaintiff/Appellant, the State of Louisiana, Department of Children & Family Services, Bureau of General Counsel (hereinafter referred to as "the Department"), purports to appeal the judgment terminating the parental rights of the parents of S.U.C., W.U.C. and D.U.C. from the Juvenile Court for Jefferson Parish, Section "A". I On March 5, 2015, the Department filed a Petition for Termination of Parental Rights of the mother, T.L.C., and the father, J.J.U. The juvenile court granted the petition on May 22, 2015. The record does not reflect that a motion for appeal of the judgment was filed by any of the parties involved. La. C.C.P. art. 2121 provides, in pertinent part, "An appeal is taken by obtaining an order therefor, within the delay allowed, from the court which rendered the judgment." The jurisdiction of appellate court attaches upon the granting of the order of appeal. La. C.C.P. art. 2088. lIn accordance with Uniform Rules-Courts of Appeal, Rules 5-1 and 5-2, we will use initials throughout the opinion to identify the parties to ensure the privacy of the minor children in this case. -2 Because there is no evidence in the record of a motion for appeal or an order granting an appeal, the judgment terminating the parental rights of T.L.C. and J.J.U. is not properly before us for review on appeal. See, Hacienda Constr., Inc. v. Newman, 09-506 (La. App. 5 Cir. 11/24/09); 28 So.3d 490, 492. Accordingly, this appeal is dismissed in accordance with Uniform Court of Appeal, Rule 2 16(A)(1). APPEAL DISMISSED -3 SUSAN M. CHEHARDY CHERYL Q. LANDRIEU CHIEF JUDGE CLERK OF COURT FREDERICKA H. WICKER JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON ROBERT M. MURPHY STEPHEN J. WINDHORST HANS J. LIUEBERG MARY E. LEGNON CHIEF DEPUTY CLERK SUSAN BUCHHOLZ FIRST DEPUTY CLERK FIFTH CIRCUIT 101 DERBIGNY STREET (70053) JUDGES MELISSA C. LEDET DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org NOTICE OF JUDGMENT AND CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN DELIVERED IN ACCORDANCE WITH Uniform Rules - Court of Appeal, Rule 2-20 THIS DAY JANUARY 28. 2016 TO THE TRIAL ruDGE, COUNSEL OF RECORD AND ALL PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED J . BELOW: /~tt{\~ C 15-CA-645 E-NOTIFIED MARY R. MUSTALLER MCMILLAN JESSICA COALTER MAILED JENNIFER G. WOMBLE ATTORNEY AT LAW P.O. BOX 1900 HARVEY, LA 70059 M. ELIZABETH TOCA ATTORNEY AT LAW POST OFFICE BOX 1900 HARVEY, LA 70059 RYU Q. C~NDRIEU CLERK OF COURT
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