STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT
NUMBER 2023 CA 0827

STATE OF LOUISIANA

VERSUS LESLEY LASHELL WALLACE AND JARRELL CYNTELL WILLIAMS

n lL V' Judgment Rendered: 

### FEB 2 3 2024

On appeal from the 

### Twenty - Second Judicial District Court 

## In and forthe Parish ofSt.Tammany

State of Louisiana Docket Number 11- 0011 

### Honorable Patrice W.Oppenheim,Judge Presiding

Jarrell Cyntell Williams Defendant/Appellant Slidell, LA In Proper Person 

### Tammy B. Keaton Counsel for Plaintiff/ Appellee Leanne M. Kimble State of Louisiana, Department 

### Mary T. Strahan 

### ofChildren and Family Services Covington, LA

BEFORE: GUIDRY, C.J., CHUTZ, AND LANIER,JJ.GUIDRY, C.J.



### This is an appeal ofa trial courtjudgment granting a motion to modify child support. For the reasons that follow, we dismiss the appeal. FACTS AND PROCEDURAL HISTORY 

### On January 6, 2011, the State of Louisiana, Department of Social Services 

### now referred to as the Department of Children and Family Services and hereinafter referred to as " DCFS") filed a rule to establish child support and 

### medical support against Jarrell Cyntell Williams and Lesley Lashell Wallace.' 

### Subsequently,ajudgment for child support was rendered forthe minor child, D.W. Thejudgment ordered, among other things, that Mr.Williams pay $350.00 plus a 5% administrative fee per month forthe child' s support. On or about September 12, 2016, Mr. Williams' child support obligation 

### was decreased.2 Thereafter, on June 7, 2022, DCFS filed a rule to review and set 

## child support, which was heard by a hearing officer, who recommended that Mr. Williams' child support obligation be increased. Mr. Williams objected to the 

## recommendation, requesting a hearing before the trial court, which was held on February 10, 2023. 

### At the conclusion ofthe hearing, the trial court modified and increased Mr. Williams' child support obligation. The judgment was signed on 

### February 17, 2023. 

## DCFS filed a motion fornewtrial on February27, 2023.3 Mr. Williams filed the instant appeal on March 31, 2023, before the trial court could address the motion for new trial.

We note that Ms. Wallace applied for child support collection services from the State of Louisiana. 2 Mr. Williams' child support payment was decreased after DCFS filed a rule to review and set 

### child support in July2016. 3 Notice ofthejudgment was mailed on March 10, 2023. 2DISCUSSION



### This court issued a rule to showcause why Mr. Williams' appeal should not 

## be dismissed as premature, noting thatthe appellate record did not include a ruling on DCFS' motion for new trial. In his response to this court' s show cause order, Mr. Williams avers that the trial court "

### madejudgment without giving [him] proof of the Childcare." Mr. Williams asks this court for a " fair trial." We note, however, that Mr. Williams has given no indication to this court whether the motion for new trial was acted upon.' Appellee DCFS was notified ofthis court' s show cause order, but failed to respond. An order of appeal is premature if granted before the trial court disposes of 

### all timely filed motions fornew trial. See La. C.C. P. art. 2123(C). Further, unless 

### the motion for new trial is denied, the trial court is not divested of its original jurisdiction, and the appellate court' s jurisdiction does not attach. See La. C.C. P. art. 2087(D); 

### Lane v. Lane, 15- 1572 (La. App. 1st Cir.2/26/16), 2016 WL 770832 2 (unpublished). 

### In the present matter, because nothing in the record and nothing produced in response to this court' s order shows that the motion for new trial was denied, this appeal is premature. 

### Accordingly, given our lack ofjurisdiction, we must dismiss the appeal. CONCLUSION 

### For the above and foregoing reasons, the present appeal is hereby dismissed. All costs of this appeal are assessed to the defendant/appellant Jarrell Cyntell Williams. APPEAL DISMISSED.



### aThe record before us showsthatthetrial court signedanordersettingthe hearingon the motion fornewtrial forJuly 14, 2023. 3