Opinion
NO. 2016 CW 0153
02-18-2016
JAMAL BOATNER v. CONSTANCE BOATNER
In Re: Jamal Boatner, J.B. and J.B., applying for supervisory writs, Family Court, Parish of East Baton Rouge, No. 202623. BEFORE: WHIPPLE, C.J., WELCH, HIGGINBOTHAM, CRAIN AND DRAKE, JJ.
WRIT GRANTED IN PART AND DENIED IN PART; REQUEST FOR STAY DENIED AS MOOT. Considering the application of Jamal Boatner, we vacate the order that vacated his application for in forma pauperis status. We remand with instruction that a contradictory hearing be held in the event the trial court seeks to determine whether circumstances have changed or that the order authorizing Jamal Boatner to proceed in forma pauperis was improvidently granted. See La. Code Civ. P. art. 5183; City Stores Co. v. Petersen, 268 So.2d 662, 663 (La. 1972) and T & S Feed Co., Inc. v. Meaux, 339 So.2d 421, 423 (La. App. 1st Cir. 9/20/76). In all other respects, the writ is denied. Relator will have an adequate remedy on appeal following the trial of this matter and a final judgment.
EGD
TMH
WJC
Whipple, C.J., concurs. I would remand the matter to the trial court to conduct an evidentiary hearing, if necessary, within 30 days of the date of this action to determine whether circumstances have changed or that the order authorizing Jamal Boatner to proceed in forma pauperis was improvidently granted. See City Stores Co. v. Petersen, 268 So.2d 662, 663 (La. 1972) and T & S Feed Co., Inc. v. Meaux, 339 So.2d 421, 423 (La. App. 1st Cir. 9/20/76). Furthermore, as a party objecting to the January 5, 2016 interim order granting supervised visitation to Constance Boatner, as supervised by Deloris Edmond, plaintiff-relator Jamal Boatner's immediate remedy is to move to set the matter for trial so that the trial court may promptly consider the merits of this matter and render a final judgment. See Suazo v. Suazo, 2010-0111 (La. App. 1st Cir. 6/11/10), 39 So.3d 830.
Welch, J. dissents and would deny the writ. Relator admitted in open court that he misrepresented his income in his in forma pauperis affidavit. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT