Opinion
2022 CW 0289
05-20-2022
JESSICA RIZZUTO v. PAUL RIZZUTO
Paul Rizzuto, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 117177.
BEFORE: McDONALD, LANIER, AND WOLFE, JJ.
WRIT GRANTED WITH ORDER. The portion of the district court's judgment dated September 23, 2021, finding Paul Rizzuto in contempt of court is a final, appealable judgment. See La. Code Civ. P. art. 1915(A)(6); Capital City Press, LLC v. Louisiana State University System Board of Supervisors, 2013-1994 (La. 8/28/13), 120 So.3d 250. Therefore, it is ordered that this case be remanded to the district court with instruction to grant Paul Rizzuto an appeal pursuant to the October 13, 2021 pleading notifying the district court of his intention to seek writs. See In re Howard, 541 So.2d 195 (La. 1989) (per curiam) . A copy of this court's action is to be included in the appellate record.
The portion of the district court's judgment that required Paul Rizzuto to pay Jessica Rizzuto $50,000 before Jessica Rizzuto is required to refinance the family home is vacated. A final judgment may not be amended to change its substance. La. Code Civ. P. art. 1951. A substantive amendment is one that adds to, subtracts from, or in any way affects the substance of the judgment. McMillian v. Breen, 2018-0998 (La.App. 1st Cir. 8/2/19), 282 So.3d 239, 246. The imposition of a condition on Jessica Rizzuto's obligation to refinance the family home affects the substance of the community property judgment signed on November 13, 2018. See Tuttle v. Tuttle, 430 So.2d 269 (La.App. 5th Cir.), writ granted, 438 So.2d 569 (La. 1983), and aff'd, 462 So.2d 175 (La. 1985).
JMM
WIL
EW