MADELEINE M. LANDRIEU, Judge.
Barbara Jean Parnell and Patti Jayne Parnell appeal the district court's judgment that ordered the limited interdiction of their mother, Velma Agnes Buras Parnell, and appointed their sister, Sheryl Lynn Parnell Boraski, as curatrix and their brother, Dr. Melvin Lloyd Parnell, Jr. as under-curator of the interdict. For the reasons that follow, we vacate the judgment and remand the matter to the district court.
Ms. Boraski instituted this action on October 17, 2012 by filing a petition in civil district court seeking limited interdiction of her then 89-year-old mother, who allegedly is incapable of making financial and/or medical decisions for herself. The petitioner prayed that she be appointed curatrix of her mother and that her brother, Dr. Melvin Parnell, be appointed under curator. The record reflects that Velma Parnell and her longtime attorney, Bernard Bagert, were served with the petition, as were Ms. Boraski's two sisters, Barbara and Patti Parnell. Neither sister appeared or intervened in the trial court. Mr. Bagert did not file an answer on behalf of Velma Parnell. However, he appeared in court on a motion hearing and stated on the record that he was representing Velma Parnell in this interdiction suit.
Thereafter, Ms. Boraski filed a "Detailed Descriptive List" of the property of Velma Parnell and was issued letters of curatorship. On July 10, 2013, attorneys for Barbara Parnell and Patti Parnell enrolled as counsel of record, and subsequently filed a timely motion for appeal of district court's May 30, 2013 judgment.
The appellants raise only one issue: that it was legally improper for the trial court to have rendered a judgment of interdiction without first conducting a contradictory hearing. In response to this assignment of error, the appellee asserts that a hearing was not required in this case because there was no opposition, noting that the appellants neither intervened in the proceedings nor filed anything in the trial court to oppose the interdiction, and did not file a motion for new trial.
We first note that the appellants, despite the fact that they are not parties nor have they intervened in this action, have standing to file this appeal pursuant to Louisiana Code of Civil Procedure article 2086, which provides: "a person who could have intervened in the trial court may appeal, whether or not any other appeal has been taken."
The appellants' contention that a contradictory hearing is required before a judgment of interdiction may be issued is well-founded. Louisiana Code of Civil Procedure article states:
The use of the word "shall," as well as the entire context of the above-quoted article, clearly indicates that the trial court is required to conduct a hearing before rendering a judgment of interdiction. Longstanding jurisprudence concurs in this view:
Julius Cohen Jeweler, Inc. v. Succession of Jumonville, 506 So.2d 535, 539 (La.App. 1st Cir.1987).
The appellee cites one case in support of her argument that we should affirm the judgment of interdiction. In that case, Johnson v. Morris, 431 So.2d 429, 431-32 (La.App. 4th Cir.1983), this court indicated that a judgment should not be overturned due to a procedural error that did not affect the merits, if the record clearly indicates that the trial court's judgment was correct and that justice has been done. The case before us is clearly distinguishable from Johnson v. Morris, which did not concern an interdiction.
Interdiction of Haggerty, 519 So.2d 868, 869 (La.App. 4th Cir.1988). In view of the special nature of an interdiction proceeding, which has its own set of rules carved out in the Code of Civil procedure, we conclude that strict compliance with these articles is warranted. Therefore, we hold that the trial court's failure to conduct a hearing prior to rendering its judgment of interdiction is a legal error mandating that the judgment be vacated. In so holding, we do not address the merits of the judgment.
Accordingly, for the reasons stated, we vacate the judgment of the trial court and remand the matter for a contradictory hearing in accordance with Article 4547 of the Code of Civil Procedure.