CHRIS GRAVER AND ELIZABETH GRAVER VERSUS THE MINOR CHILD, L.G. OLIVIA G. LEACH
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CHRIS GRAVER AND ELIZABETH GRAVER NO. 18-C-557 VERSUS FIFTH CIRCUIT THE MINOR CHILD, L.G. OLIVIA G. LEACH COURT OF APPEAL STATE OF LOUISIANA October 03, 2018 Mary E. Legnon Chief Deputy Clerk IN RE OLIVIA G. LEACH APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE JUNE B. DARENSBURG, DIVISION ''C'', NUMBER 773-311 Panel composed of Judges Fredericka Homberg Wicker, Stephen J. Windhorst, and John J. Molaison, Jr. WRIT GRANTED FOR LIMITED PURPOSE In this writ application, Relator seeks review of the trial court’s denial of a motion to stay execution of the May 11, 2018 judgment awarding visitation of the minor child, L.G., to plaintiffs, the child’s paternal grandparents, pending resolution of Relator’s appeal of that judgment. Alternatively, relator moves this Court to issue a stay of the execution of the visitation judgment pending this Court’s resolution of the merits of her appeal. In consideration of Relator’s writ application, and further finding that a notice of appeal has been provided to this Court indicating a pending appeal from the May 11, 2018 judgment in this case with a current return date of October 13, 2018, we find that Relator is entitled to expeditious consideration of her appeal pursuant to Uniform Rules—Courts of Appeal, Rule 5-1.1 We therefore grant relator’s writ, in part, for the limited purpose to order the following: 1. The Clerk of Court for the 24th Judicial District Court is hereby ordered to lodge the appellate record on October 13, 2018, the current return date; no further extensions for submission of transcripts shall be granted to the Court reporter charged with transcribing the lower court proceedings. 2. Once the record is lodged, the Clerk of this Court is hereby ordered to expedite the appeal of this matter by setting a briefing schedule and hearing date in accordance with Uniform Rules—Courts of Appeal, Rule 5-3. The appellant’s brief shall be due fifteen (15) days from the date the 1 Although the May 11, 2018 judgment does not specifically involve a change of custody of the minor child, it allows grandparent visitation with the minor child. 18-C-557 record is lodged; the appellees’ brief shall be due thirty (30) days from the date the record is lodged. No extensions of these deadlines will be considered. 3. Once the record is lodged, the Clerk of this Court is further hereby ordered to set the matter to a randomly allotted panel on the special settings docket on November 28, 2018. In all other respects, the relator’s writ application is denied. Gretna, Louisiana, this 3rd day of October, 2018. JJM FHW SJW 2 SUSAN M. CHEHARDY CHERYL Q. LANDRIEU CHIEF JUDGE CLERK OF COURT MARY E. LEGNON FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON SUSAN BUCHHOLZ STEPHEN J. WINDHORST HANS J. LILJEBERG FIFTH CIRCUIT JOHN J. MOLAISON, JR. 101 DERBIGNY STREET (70053) JUDGES POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 www.fifthcircuit.org FIRST DEPUTY CLERK MELISSA C. LEDET DIRECTOR OF CENTRAL STAFF (504) 376-1400 (504) 376-1498 FAX NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 10/03/2018 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY 18-C-557 E-NOTIFIED Pat M. Franz (Relator) MAILED Edward A. Ready (Respondent) Attorney at Law 3350 Ridgelake Drive Suite 295 Metairie, LA 70002 Cheryl P. Buchert (Respondent) Michael Baham (Relator)
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