STATE OF LOUISIANA IN THE INTEREST OF H.N.
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STATE OF LOUISIANA IN THE INTEREST OFH.N. NO. 15-KA-97 FIFTH CIRCUIT COURT OF APPEAL STATE OF LOUISIANA ON APPEAL FROM THE JEFFERSON PARISH JUVENILE COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 12-JU-25, DIVISION "C" HONORABLE BARRON C. BURMASTER AND HONORABLE ANN MURRY KELLER, JUDGE PRESIDING COUI~T MARCH 13,2015 FIFTH FILED STEPHEN J. WINDHORST JUDGE Of' /\PP~I\L CI1~CUIT MAR 1 3 2015 ,j _C~P"·JVj~---CLERI< Cheryl Quirk Land ric u Panel composed of Judges Fredericka Homberg Wicker, Jude G. Gravois, and Stephen 1. Windhorst PAUL D. CONNICK, JR. DISTRICT ATTORNEY TERRY M. BOUDREAUX ASSISTANT DISTRICT ATTORNEY Twenty-Fourth Judicial District Parish of Jefferson 200 Derbigny Street Gretna, Louisiana 70053 AMANDA L. CALOGERO ASSISTANT DISTRICT ATTORNEY Juvenile Court 1546 Gretna Boulevard Harvey, Louisiana 70058 COUNSEL FOR PLAINTIFF/APPELLEE KATHERINE M. FRANKS ATTORNEY AT LAW Louisiana Appellate Project P. O. Box 1677 Abita Springs, Louisiana 70420 COUNSEL FOR DEFENDANT/APPELLANT REHEARING GRANTED; APPEAL DISMISSED WITHOUT PREJUDICE We grant this rehearing and recall our opinion dismissing this appeal for lack of appellate jurisdiction. This Court has appellate jurisdiction over delinquency proceedings pursuant to La. Ch.C. art. 330A. However, we now render this opinion dismissing this appeal, without prejudice, as premature. In a delinquency proceeding an appeal may be taken only after a judgment of disposition. La. Ch.C. art. 330B. Appellant filed his motion for appeal on December 23, 2014, prior to the trial court's disposition on January 8, 2015. Appellant has since filed an out of time appeal. Accordingly, we grant this rehearing, recall our original opinion, and render this opinion dismissing the earlier appeal without prejudice. REHEARING GRANTED; APPEAL DISMISSED WITHOUT PREJUDICE -2 SUSAN M. CHEHARDY CHERYL Q. LANDRIEU CHIEF JUDGE CLERK OF COURT MARY E. LEGNON FREDERICKA H. WICKER JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON ROBERT M. MURPHY STEPHEN J. WINDHORST HANS J. LIUEBERG CHIEF DEPUTY CLERK SUSAN BUCHHOLZ FIRST DEPUTY CLERK FIFTH CIRCUIT MELISSA C. LEDET 101 DERBIGNY STREET (70053) JUDGES 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 MARCH 13. 2015 TO THE TRIAL JUDGE, COUNSEL OF RECORD AND ALL PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED BELOW: !1 l l i n J/1>/! . \;~' i1l!y;~Jj1~ C 'ERYU Q. eANDRlEU CLERK OF COURT 15-KA-97 E-NOTIFIED TERRY M. BOUDREAUX ELIZABETH B. CURREN MAILED AMANDA L. CALOGERO ASSISTANT DISTRICT ATTORNEYS JUVENILE COURT 1546 GRETNA BOULEVARD HARVEY, LA 70058 HON. PAUL D. CONNICK, JR. DISTRICT ATTORNEY TWENTY-FOURTH JUDICIAL DISTRICT 200 DERBIGNY STREET GRETNA, LA 70053 KATHERINE M. FRANKS ATTORNEY AT LAW LOUISIANA APPELLATE PROJECT P. O. BOX 1677 ABITA SPRINGS, LA 70420
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