STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT DEVIONNE WREN BUTLER NO. 2020 CW 0693 VERSUS

JAMES J. BUTLER AUGUST 06, 2020

In Re: Devionne Wren Butler, applying for supervisory writs,

Family Court in and for the Parish of East Baton Rouge, No. 221094.

BEFORE: WHIPPLE, C. J., MCCLENDON, HIGGINBOTHAM, LANIER AND WOLFE, JJ.

WRIT DENIED.

PMC TMH WIL

Whipple, C. J., and Wolfe, J. dissent. The parties herein appeared in court, and the trial court, after questioning- the parties, awarded use and occupancy of the family residence to Devionne Wren Butler and ordered James Butler to vacate the home by a certain date. Although that initial order by the trial court was an interlocutory ruling, no notice was provided to either Devionne Wren Butler or her counsel of the subsequent reconsideration or new hearing prior to the trial court vacating that initial order rendered in open court in their presence.

Accordingly, we would grant the writ, vacate the trial court' s June 17, 2020 order which vacated its original ruling awarding exclusive use and occupancy of the family residence to Devionne Wren Butler and remand this matter for further proceedings after proper notice to all parties.

COURT OF APPEAL, FIRST CIRCUIT

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DEPUTY LERK OF COURT FOR THE COURT