State of Louisiana in the Interest of L.S. & D.S.
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT a z o os8o STATE OF LOUISIANA IN THE INTEREST OF L AND D S S udgment Rendered NOV 2 2012 On Appeal from the City Court of Bogalusa In and for the Parish of Washington State of Louisiana Docket No J2010 159 Honorable Robert J Black Judge Presiding Theresa A Beckler Bogalusa Louisiana Counsel for Appeilee Louisiana Department of Children and Family Services Betsy Smith Counsel for Appellees K Brandon Cline S L and D S Mandeville Louisiana C M Louisiana Appellant In Proper Person Bogalusa Louisiana Appel lant In Proper Person Bogalusa S R BEFORE WHIPPLE McCLENDON AND HIGGINBOTHAM JJ McCLENDON 7 Appellants seek review of the trial court judgment terminating their s parental rights Because the appeal was not filed within the delay set forth in C Ch LSA art 332 we grant the motion to dismiss the appeal filed by the A Louisiana Department of Children and Family Services the Department FACTS AND PROCEDURAL HISTORY On April 12 2011 the Department filed a Petition for Termination of Parental Rights against M and R the parents of L and D Following a C S S S trial on July 20 2011 the trial court took the matter under advisement On August 26 2011 the trial court rendered judgment terminating parental rights and notice of judgment was issued that same day On September 14 2011 C M and R in proper person filed a motion for devolutive appeal The trial S court granted the motion for appeal on September 16 2011 On June 21 2012 this court issued a rule to show cause ordering the parties to submit briefs as to whether the appeal should or should not be dismissed as untimely In response to this court show cause order appellants s submitted a letter to this court stating When we got the paperwork we went to a and got help for the motion for the appeal No specific reference lawyer was made to the timeliness of the appeal In opposition the Department submitted that the appeal was not sought timely and filed a motion to dismiss the appeal DISCUSSION Our courts have consistently held that an appeal not timely filed in juvenile matters shall be dismissed O1 17 1 777 So 470 471 2d State ex rel C 00 p 2 P 2703 La Moreover courts lack appellate jurisdiction if an appeal is untimely See LSA art 2162 State ex rel C 00 at p P C P 2703 2 777 So at 471 and Board of Com of Hammond Area Economic and 2d rs Indus Development Dist v All Taxpayers Property Owners Citizens of 1 M and R were represented by counsel during the course of the trial court proceedings C S 2 Hammond 06 p 6 1 Cir 10 944 So 640 643 writ 1832 App La 06 6 2d denied 06 La 11 940 So 675 2426 06 3 2d Louisiana Children Code article 332 provides that absent a motion for s new trial appeals shall be taken within fifteen days from the mailing of notice of the judgment The delay begins to run from the date the notice of judgment is issued and the date of service delivery or receipt of the notice is not determinative See LSA art 1913 LSA arts 104 and 332 and P C C Ch B State ex rel C 00 at p 3 777 So at 472 P 2703 2d The notice of judgment terminating parental rights was mailed on August 26 2011 The appellants filed their motion for devolutive appeal on September 14 2011 or nineteen days after the notice was mailed Appellants failure to timely file their motion for devolutive appeal removed jurisdiction from this court to consider their appeal As such we are required to dismiss the appeal State ex rel C 00 at p 3 777 So at 472 P 2703 2d CONCLUSION For the foregoing reasons we grant the Department smotion to dismiss the appeal Costs of this appeal are assessed to the appellants M and R C S MOTION TO DISMISS APPEAL GRANTED 3
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