DARYL BYRD v. LAURA CONSTANCE EDWARDS BYRD (2024)

IN RE: Daryl Byrd - Applicant Plaintiff; Applying For Supervisory Writ, Parish of Orleans Civil, Orleans Civil District Court Number(s) 2014-08577, Court of Appeal, Fourth Circuit, Number(s) 2023-C-0651;

Writ application denied.

SJC

JLW

WJC

PDG

Hughes, J., would grant.

Genovese, J., would grant and assigns reasons.

McCallum, J., would grant for reasons assigned by Genovese, J.

Supreme Court of Louisiana January 17, 2024

GENOVESE, J., would grant this writ for the following reasons:

I find the majority erred in denying this writ, which resulted in a special master being appointed without the consent of all parties. Louisiana Revised Statutes 13:4165(A) grants the court the authority to appoint a special master; however, that appointment is contingent upon “the consent of all parties litigant[.]” In this case, though it is undisputed that all parties consented to the appointment of a special master, all parties did not consent to the identity of the special master. Louisiana Revised Statutes 13:4165(A) provides three instances upon which “[t]he consent of the parties litigant may be contingent[,]” and expressly includes “[t]he identity of the special master.” La.R.S. 13:4165(A)(2). Therefore, in my view, the appointment of the special master in this case without the consent of all parties violates La.R.S. 13:4165(A).

Consequently, I would grant this writ, reverse the lower courts, vacate the appointment of the special master, and remand for further proceedings.