STATE IN INTEREST OF v. << (2019)

WRIT GRANTED

Relator, Dora Spencer, as Intervenor/Petitioner for Custody in the child in need of care case of S.W. & S.W., seeks review of the trial court's rulings of November 21, 2019, denying her Petition for Custody, declining to hear her Motion for Intervention and failing to rule on her Motion for Recusal of the trial judge. Relator filed a Motion for Intervention on October 17, 2019. Relator filed a Motion for Recusal on November 20, 2019, the day prior to the hearing on the children's disposition and her Motion for Intervention. The trial court denied the Petition for Custody and continued the Motion for Recusal and Motion for Intervention to December 10, 2019.

We find that the trial court erred in ruling on the Petition for Custody and holding the Dispositional hearing without ruling on the Motion for Recusal for hearing on December 10, 2019. Relator had a “real and actual interest” in custody and intervention in this cause making her a party who could seek to recuse the trial court judge. See In re Interdiction of Greenblatt, 2003-1889 (La. 11/14/03), 860 So.2d 533, 534. Therefore, we vacate the rulings of the trial court on November 21, 2019 dismissing the Petition for Custody and the finalizing the disposition of the children and order the trial court to rule on the motion for recusal or refer the motion to another member of the bench for determination in accordance with La. C.C.P. art. 154.