Today’s Slabbed Legal Minute: CCP 683

Art. 683. Unemancipated minor

A. An unemancipated minor does not have the procedural capacity to sue.

B. Except as otherwise provided in Article 4431, the tutor is the proper plaintiff to sue to enforce a right of an unemancipated minor, when one or both of the parents are dead, the parents are divorced or judicially separated, or the minor is born outside of marriage.

C. The father, as administrator of the estate of his minor child, is the proper plaintiff to sue to enforce a right of an unemancipated minor who is born of the marriage of parents who are not divorced or judicially separated. The mother, as the administratrix of the estate of her minor child, is the proper plaintiff in such an action, when the father is mentally incompetent, committed, interdicted, imprisoned, or an absentee. Moreover, with permission of the judge, the mother may represent the minor whenever the father fails or refuses to do so; and in any event she may represent the minor under the conditions of the laws on the voluntary management of another’s affairs.

D. Notwithstanding the provisions of Paragraph A, B, or C, an attorney appointed by the court having jurisdiction over an unemancipated minor who is in the legal custody of the Department of Children and Family Services is the proper plaintiff to sue to enforce a right of an unemancipated minor. Upon application of the tutor or parent who would otherwise be the proper plaintiff to sue pursuant to Paragraph B or C, the court shall appoint or substitute as the proper plaintiff the best qualified among the tutor, parent, or appointed attorney.

[Source: Louisiana Legislature Website]

Thursday SRHS Miscellany: Public hospital to comply with Open Meetings bill passes the Senate, plus a court hearing

But first the readers get into the act sending Slabbed more protest pictures from earlier this week, first from Ocean Springs and then Pascagoula offices of Dogan and Wilkinson:

Reader Submitted Photo | SRHS Retiree protest
Reader Submitted Photo | SRHS Retiree protest
Reader Submitted Photo | SRHS Retiree protest
Reader Submitted Photo | SRHS Retiree protest

State senate passes bill to put public hospitals under Open Meetings law ~ Emily Wagster Pettus

Special master considers whether chancery judge should step aside in SRHS cases ~ Anita Lee

Jim Brown: America’s Coach Dean Smith Loved Louisiana

February 12th, 2015
Baton Rouge, Louisiana


One of the all time great coaches in college basketball passed away this week. North Carolina’s Dean Smith had retired with more wins than any coach in history, along with capturing two national championships. But to those who knew him, and I consider myself in that elite number, he was much more than a coach. He was a teacher, an innovator both on and off the court, a role model, and a real humanitarian.

I was high school senior in 1958, and was hoping to get a college athletic scholarship for either basketball or track, when I first met Coach Smith. He had just been hired away from the Air Force Academy as an assistant at Carolina by then Coach Frank McGuire. It was common knowledge than Coach Smith was being groomed to be McGuire’s successor.

One spring afternoon, I was called to the principal’s office and told that a Mr. Dean Smith was there to see me. His family waited in an older model Chevrolet with a U-Haul trailer hooked to the back, while Coach Smith told me that he was on his way to Chapel Hill to begin his new coaching career. He had been asked by the coaching staff at Carolina to stop by and recruit me. And in his mild mannered but persuasive way, it didn’t take long to convince me that Chapel Hill should be my new home.

So my “minor” claim to fame in the sports trivia history books would be that I was Coach Smith’s first Carolina recruit. I ended up being a much better sprinter and hurdler than a basketball player, and I eventually gave up basketball for track. Coach Smith and I joked from then on that even though some guy name Jordan came along a few years later to play pretty well for him, I would always be his “first” college commitment.

When Carolina won its first national championship under Coach Smith in 1982 at the New Orleans Superdome, I was there in that number. A few weeks after his victory, I received in the mail a blue and white Carolina basketball autographed by Coach Smith, Michael Jordan, James Worthy and the entire Tar Heel team. He told me he had sent it as a special gift to his first recruit.

My son checked on eBay and told me I could sell the ball today for as much as $15,000. No way, I told him. It was a gift from Coach Smith. The ball will stay with me till I die, and then be donated back to the Carolina Basketball Museum in Chapel Hill. Continue Reading………….

Continued criticism of Bay-Waveland School Sup’s Partisan Political Activity

Bay-Waveland School Board member criticizes ‘politics’ ~ Geoff Belcher

My own opinion is Board Prez Sherry Ponder has lots to learn about both the Hatch Act and the First Amendment but that is another post. Board Member Maurice Singleton works at the Seacoast Echo, Board Prez Ponder is married to the publisher by way of background.

Here are Board member Mike Bell’s full comments:

As most of you may know, our Superintendent was recently involved in the rebuttal to the Governor’s State of the State address.

I am personally upset with our Superintendents involvement in this political partisan production. Instead of the usual live rebuttal on the house floor, they employed a video production unlike any I have ever seen.

Instead of her remarks focusing on educational issues like we were led to believe they would, and which we the Board of Trustees approved, the comments ran the political spectrum of states issues, government accountability, corruption, unemployment, medical care, hospitals, crumbling infrastructure, gas prices, nuclear waste, the department of transportation and women in the workforce. Continue reading “Continued criticism of Bay-Waveland School Sup’s Partisan Political Activity”