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Date: 12-11-2024

Case Style:

Kasey Lynn Roberie v. Charles Nicholas Fontenot

Case Number: 2021-288

Judge: Susan Theall

Court: Fifteenth Judicial District, Lafayette Parish, Louisiana

Plaintiff's Attorney:


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Defendant's Attorney:


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Description:


Lafayette, Louisiana family law lawyers represented the parties in a child custody dispute.


This was a custody dispute between two parents. The mother, Kasey Lynn Roberie Fontenot, sought custody.

Kasey and Charles Nicholas Fontenot were married, are now divorced, and are the parents of two young daughters.

In early 2021, Kasey and Charles each filed rules to establish custody. A hearing officer conference on those matters was held in October 2021, and the hearing officer issued recommendations for custody at the conclusion of that conference. Because a written objection was timely filed, the recommendations were adopted by the trial court as a Temporary Order on October 20, 2021. At that time, the trial of the rules to establish custody was fixed for December 2021.

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The District Court denied Plaintiff's motion for temporary custody.

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FAMILY LAW. CUSTODY DISPUTES. The case addressed the appeal of a Temporary Order of Custody and a judgment denying a motion for a new trial, with the court ultimately determining that both were non-appealable interlocutory judgments, thereby dismissing the appeal for lack of jurisdiction.

FAMILY LAW. APPELLATE JURISDICTION. The court examined whether interlocutory custody orders and judgments denying motions for new trials in custody disputes are appealable, concluding they are not, and thus dismissed the appeal for lack of appellate jurisdiction.

FAMILY LAW. SUPERVISORY JURISDICTION. The court considered whether to convert an appeal to an application for a supervisory writ, deciding against it to avoid piecemeal appeals and uphold public policy against continuous custody litigation.

Key Phrases Custody dispute. Temporary Order of Custody. Ex Parte Custody Order. Interlocutory judgment. Permanent custody.

Outcome: This appeal is dismissed for lack jurisdiction: both the Temporary Order of Custody and the Judgment denying new trial are non-appealable interlocutory judgments. The costs of the appeal are assessed to Kasey Lynn Roberie Fontenot.

APPEAL DISMISSED.

Plaintiff's Experts:

Defendant's Experts:

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