STATE OF LOUISIANA IN THE INTEREST OF BEVERLY CHABAUD NEIL v. << (2025)

In this expedited appeal, Appellant, Beverly Chabaud O'Neil, seeks review of the trial court's judgment granting Emergency Protective Services the right to provide protective services to Ms. O'Neil. For the following reasons, we dismiss this appeal.

Procedural History

On September 17, 2025, the trial court signed an order granting Appellant the right to file a devolutive appeal of the trial court's July 28, 2025 judgment.

On November 6, 2025, this court notified the parties that the record had been lodged, the appellant's brief was due on November 21, 2025, and the appellee's brief was due on December 8, 2025. Appellant did not file a brief by the November 21, 2025 deadline, nor did she file a motion for extension of time to file a brief. As a result, on December 1, 2025, this court sent Appellant a notice of abandonment letter. Therein, this court informed Appellant that the time delays for filing an appellate brief had passed and that, pursuant to La. U.R.C.A., Rule 5-3(3)(b), the appeal would be dismissed as abandoned if a brief was not filed by December 11, 2025. To date, Appellant has not filed a brief.

Discussion

La. U.R.C.A., Rule 5-3(3)(b) provides as follows:

In [cases designated for expedited consideration pursuant to Rule 5-1 of the Uniform Rules, Courts of Appeal], if an appellant does not file a brief within the time prescribed by this rule or any extension thereof granted by the court as provided by this rule or Rule 2-12.8, a notice shall be mailed by the clerk to counsel for the appellant, or to the appellant if not represented, that the appeal shall be dismissed 10 days thereafter unless a brief is filed in the meantime. If an appellant does not file a brief within 10 days after such notice is mailed, the appeal shall be dismissed as abandoned. Provided, however, that irrespective of the time limit provided in this rule for the appellee to file a brief, the appellee's brief shall be filed within 15 days from the due date shown on the notice of abandonment.

On December 1, 2025, this court sent Appellant's counsel a notice of abandonment letter informing counsel that if a brief was not filed by December 11, 2025, the appeal would be dismissed as abandoned. Riley v. Par. of Jefferson, 21-55 (La. App. 5 Cir. 5/19/21), 325 So.3d 1115, 1116; LaFrance v. LaFrance, 15-508 (La. App. 5 Cir. 2/17/16), 186 So.3d 797, 799. To date, Appellant has not filed an appellant's brief. Appellant has therefore indicated to this court that she does not intend to pursue her appeal. Thus, we deem Ms. O'Neil’s appeal as abandoned. Accordingly, we dismiss this appeal pursuant to La. U.R.C.A., Rule 5-3(3)(b).

APPEAL DISMISSED

FIFTH CIRCUIT

101 DERBIGNY STREET (70053)

POST OFFICE BOX 489

GRETNA, LOUISIANA 70054

www.fifthcircuit.org

SUSAN M. CHEHARDY CHIEF JUDGE

FREDERICKA H. WICKER

JUDE G. GRAVOIS

MARC E. JOHNSON

STEPHEN J. WINDHORST

JOHN J. MOLAISON, JR.

SCOTT U. SCHLEGEL

TIMOTHY S. MARCEL

JUDGES

CURTIS B. PURSELL CLERK OF COURT

SUSAN S. BUCHHOLZ CHIEF DEPUTY CLERK

LINDA M. TRAN FIRST DEPUTY CLERK

MELISSA C. LEDET DIRECTOR OF CENTRAL STAFF

(504) 376-1400

(504) 376-1498 FAX

NOTICE OF JUDGMENT AND CERTIFICATE OF DELIVERY

I CERTIFY THAT A COPY OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN DELIVERED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 2-16.4 AND 2-16.5 THIS DAY DECEMBER 22, 2025 TO THE TRIAL JUDGE, CLERK OF COURT, COUNSEL OF RECORD AND ALL PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

CURTIS B. PURSELL CLERK OF COURT

25-CA-535

E-NOTIFIED

24TH JUDICIAL DISTRICT COURT (CLERK)

HONORABLE DONALD L. FORET (DISTRICT JUDGE)

NO ATTORNEY(S) WERE ENOTIFIED

MAILED

GREGORY J. MILLER (APPELLANT)

ATTORNEY AT LAW

3960 GOVERNMENT STREET

BATON ROUGE, LA 70806

AMANDA H. SMITH (APPELLEE)

STEPHEN G. KABEL (APPELLEE)

ATTORNEYS AT LAW

LA GOVENOR'S OFFICE OF ELDERLY AFFAIRS

602 NORTH 5TH STREET

SUITE 435

BATON ROUGE, LA 70802

STEPHEN J. WINDHORST JUDGE