Opinion
2023 CW 0573
07-28-2023
PETER DOMINIC CLIFT v. CHRYSEIS OLIAS FOX
In Re: Chryseis Olias Fox, applying for supervisory writs, Family Court in and for the Parish of East Baton Rouge, No. F-225,638.
BEFORE: HOLDRIDGE, CHUTZ, AND PENZATO, JJ.
WRIT GRANTED IN PART WITH ORDER; WRIT DENIED IN PART. We hereby grant the writ and reverse the April 25, 2023 judgment to the extent it granted a stay of the enforcement of the January 3, 2023 judgment rendered in the Commonwealth of Massachusetts Trial Court, Probate and Family Court Department, Barnstable, Docket: BA21D-0374DR. While it appears that respondent, Peter Dominic Clift, has appealed the referenced Massachusetts judgment, respondent presented nothing to show that the Massachusetts court stayed its judgment pending respondent's appeal. Moreover, respondent has not shown that he posted any security required by La. R.S. 13:4244 to warrant issuance of a stay. See O'Reilly Automotive Stores, Inc. v. White, 54,057 (La.App. 2nd Cir. 8/11/21), 326 So.3d 354, 360 ("[T]he mandatory language of La. R.S. 13:4244 requires security if a stay is granted."); see also Segal v. Segal, 264 Conn. 498, 823 A.2d 1208 (2003) (wherein the court addressed an almost identical stay provision adopted from the Uniform Enforcement of Foreign Judgments Act) . Further, respondent failed to show any basis upon which the Massachusetts judgment should be stayed under Louisiana law pursuant to La. R.S. 13:4244(B). See Baker & McKenzie Advokatbyra v. Thinkstream, Inc., 2008-2535 (La.App. 1st Cir. 6/19/09), 20 So.3d 1109, 1120. To the extent relator, Chryseis Olias Fox, requests this court to recognize the Massachusetts judgment and make it executory, the writ is denied in that respect given that the Family Court in and for the Parish of East Baton Rouge has not addressed that issue. Specifically, in its April 25, 2023 judgment, the Family Court only addressed whether a stay should issue in light of the pending Massachusetts appeal, but it never addressed whether the Massachusetts judgment should be made executory. See Fabre v. Manton, 2021-1418 (La.App. 1st Cir. 6/28/22), 343 So.3d 821, 825 n.4 ("[A]s a general rule, appellate courts will not consider issues that ... were not addressed by the trial court [.])" Accordingly, we remand this matter to the Family Court with instruction to consider whether the Massachusetts judgment should be made executory.
GH
WRC
AHP