Legal Opinion · Dissent

Griffith v. Roy

Supreme Court of Louisiana

Decided November 6, 1972No. 52241Published

1DissentDixon, Justice

I respectfully dissent.

As I understand the majority opinion, it has categorized this grandfather’s petition *736for custody of his grandchildren as a “neglect” complaint and proceeds to hold that the district court, “lacking jurisdiction, was incompetent to act in the proceedings filed by the grandfather.”

This cannot be correct. First, the jurisdiction of. the district courts in civil matters is unlimited, and is fixed by the Constitution. Second, plaintiff’s petition is not a neglect proceeding. It is an effort to obtain legal custody of grandchildren already in his actual custody.

The district…

2Cases cited5 opinions

  1. Brana v. BranaSupreme Court of Louisiana · 1916
  2. In Re SherrillSupreme Court of Louisiana · 1944
  3. State Ex Rel. Stokes v. StokesLouisiana Court of Appeal · 1969
  4. State Ex Rel. Graham v. GrahamSupreme Court of Louisiana · 1931
  5. State ex rel. Bannister v. BannisterLouisiana Court of Appeal · 1967

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