KINNETT v. KINNETT (2022)

Writ application granted. See per curiam.

Granted. It is well settled that the determination of whether a statute is constitutional presents a question of law, which is reviewed on a de novo basis. Westlawn Cemeteries, L.L.C. v. Louisiana Cemetery Bd., 2021-01414 (La. 3/25/22), 339 So.3d 548, 559; City of New Orleans v. Clark, 2017-1453 (La. 9/7/18), 251 So. 3d 1047, 1051; State v. Webb, 2013-1681 (La. 5/7/14), 144 So.3d 971, 975. There is sufficient evidence in the record, including the proffered evidence, for the court of appeal to review the district court's judgment finding La. Civ. Code art. 198 to be constitutional.¹

Accordingly, the judgment of the court of appeal remanding this case to the district court for a new trial is vacated and set aside. Pursuant to our decree in Kinnett v. Kinnett, 20-1134 (La. 12/10/21), 332 So.3d 1149, the case is remanded to the court of appeal to consider Mr. Andrews’ constitutional challenge.

FOOTNOTES

1.   To the extent Mr. Andrews failed to proffer certain testimony, he is precluded from complaining of the exclusion of this testimony. McLean v. Hunter, 495 So.2d 1298, 1305 (La. 1986).

Hughes, J., would deny. Griffin, J., would deny.