Opinion
2015 CA 1593
04-19-2016
STATE OF LOUISIANA THROUGH THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES v. CORY WEBB
M. Bofill Duné District Attorney Walter J. Senette, Jr. Assistant District Attorney Franklin, LA Attorneys for Plaintiff/Appellant State of Louisiana La'Derical Wagner New Iberia, LA Attorney for Defendant/Appellee Cory A. Webb
NOT DESIGNATED FOR PUBLICATION On Appeal from the Sixteenth Judicial District Court In and for the Parish of St. Mary State of Louisiana
No. 2011-NS-1939 The Honorable Lori A. Landry, Judge Presiding M. Bofill Duné
District Attorney
Walter J. Senette, Jr.
Assistant District Attorney
Franklin, LA Attorneys for Plaintiff/Appellant
State of Louisiana La'Derical Wagner
New Iberia, LA Attorney for Defendant/Appellee
Cory A. Webb BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ. HOLDRIDGE, J.
This is a companion case to Webb v. Brown, 2015-1594 (La.App. 1 Cir. 4/15/16), ___ So.3d ___. The background facts and procedural history of the matter are set forth in that case and will not be repeated herein. In the companion case, the district court granted Cory Webb's motion to revoke his authentic act of acknowledgment of paternity of Z.W., based on purported DNA test results showing that he was not the child's biological father. Consequently, the district court then rendered judgment in this related non-support case rejecting a hearing officer's recommendation that Mr. Webb be ordered to pay $1,106.00 per month in child support for Z.W.
In the caption and pleadings in the companion case, and in some of the pleadings in this case, Mr. Webb's name is spelled as "Corey Webb." However, the act of acknowledgment as well as the initial pleadings and other documents filed in this case indicate the proper spelling is "Cory Webb."
The district court's judgment in the companion case also ordered that Z.W.'s last name be changed.
Mr. Webb timely objected to the hearing officer's recommendation; the sole basis of his objection was that he was not Z.W.'s biological father.
In the companion case, a separate panel of this court reversed the district court's judgment granting Mr. Webb's motion to revoke his acknowledgement, finding that his action was untimely and perempted pursuant to La. R.S. 9:406(B)(2). Accordingly, for all intents and purposes, including the instant appeal, Mr. Webb's acknowledgement of paternity by authentic act is valid and remains in effect. As such, it constitutes a legal finding of paternity sufficient to establish Mr. Webb's obligation to provide support for Z.W. See La. R.S. 9:405. Furthermore, the record contains no evidence, DNA or otherwise, to support Mr. Webb's assertion that he is not Z.W.'s biological father. See La. R.S. 9:397.3 and 9:398.2(D). Consequently, we reverse the judgment of the district court rejecting the hearing officer's recommendation that Mr. Webb be ordered to pay $1,106.00 per month for Z.W.'s support. Because we have found Mr. Webb's sole objection to that recommendation to be without merit, we remand this matter to the district court to enter judgment in accordance with the hearing officer's recommendation. See La. R.S. 46:236.5; State, Dep't of Soc. Servs., Office of Family Sec. v. Sensley, 2010-1319 (La.App. 1 Cir. 3/25/11), 63 So.3d 229, 235. Cory Webb is cast with all costs of this appeal.
The record in the companion case also lacks any such evidence. --------
REVERSED AND REMANDED WITH INSTRUCTIONS.