Opinion
NO. 2015 CW 0673
09-09-2015
TAMMY SZANYI LIRETTE v. DANIEL PAUL LIRETTE
In Re: Tammy Szanyi Lirette, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 173200. BEFORE: PETTIGREW, HIGGINBOTHAM AND CRAIN, JJ.
WRIT GRANTED. The written judgment of divorce signed by Judge Bethancourt is invalid. The judgment was not signed by Judge Larke, the presiding judge who rendered the judgment, and Judge Bethancourt is not a successor judge under La. R.S. 13:4209. See Starkey v. Starkey, 2013-0166 (La. App. 1st Cir. 8/6/13), 122 So. 3d 579; Brett v. Brett, 2000-0436 (La. App. 1st Cir. 5/30/01), 794 So.2d 912, 914, writ denied, 802 So.2d 611 (La. 11/16/01). Since judgment was rendered in favor of Mrs. Lirette, a party permitted to proceed without payment of costs, Mr. Lirette, the party against whom the judgment is rendered, shall be condemned to pay all costs. See La. Code Civ. P. art. 5186. See also Yarls v. Yarls, 2009-1173 (La. App. 4th Cir. 1/27/10), 30 So.3d 1101-02. As a litigant granted pauper status, Mrs. Lirette is entitled to the certification of copies of public records, including a properly signed and written judgment of divorce, even when costs have not been paid. See La. Code Civ. P. art. 5185(A)(1); Carline v. Carline, 93-1505 (La. App. 1st Cir. 10/7/94), 644 So.2d 835. Accordingly, Judge Larke is ordered to sign a written judgment of divorce.
WJC
JTP
Higginbotham, J., dissents in part and concurs in part. I dissent insofar as the majority concludes that Mr. Lirette shall be condemned to pay all costs and orders Judge Larke to sign a written judgment of divorce. Mrs. Lirette, as a litigant granted pauper status in this proceeding, was allowed to file for divorce without paying costs in advance. The law contemplates costs will be paid at judgment. In no-fault divorce cases, either or both parties should be responsible for the payment of costs at the time of judgment. I agree with the majority that the written judgment, signed by Judge Bethancourt, is invalid. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT