JONATHAN JAMAL JOHNSON NO. 2024 CW 0611

VERSUS

WHITNEY CROCKETT JOHNSON SEPTEMBER 9, 2024

In Re: Whitney Crockett Johnson, applying for supervisory writs, Family Court in and for the Parish of East Baton Rouge, No. F- 230091.

BEFORE: McCLENDON, WELCH, AND LANIER, JJ.

WRIT GRANTED WITH The portion of the family court' s ORDER.

June 12, 2024 judgment granting the motion for sanctions filed by plaintiff, Jonathan Jamal Johnson, is a final, appealable judgment. La. Code Civ. P. art. 1915 ( A) ( 6) ; Landry v. Landry, 2021- 0337 ( La. App. 1st Cir. 10/ 8/ 21), 331 So. 3d 351, writ denied, 2022- 00044 ( La. 3/ 2/ 22) , 333 So. 3d 835. Therefore, the writ is granted, in part, for the limited purpose of remanding the case to the family court with instructions to grant defendant, Whitney Crockett Johnson, an appeal of the portion of the judgment which granted the motion for sanctions pursuant to the pleading that notified the family court of her intention to seek writs. See In re Howard, 541 So. 2d 195, 197 ( La. 1989) ( per curiam).

Additionally, a copy of this court' s order is to be included in the appellate record.

In addition, the portions of the judgment granting in part the exceptions of res judicata and lis pendens are reversed. In order for an exception of res judicata to be sustained, a final judgment is required. La. R. S. 13: 4231. In this matter, there has been no final adjudication of any petition for protection from abuse, and therefore, res judicata is inapplicable. Moreover, lis pendens applies when two or more actions are pending. La. Code Civ. P. art. 531. All petitions for protection and temporary restraining orders at issue herein were filed in the same family court action, bearing the same family court docket number.

Accordingly, the exceptions of res judicata and lis pendens are denied.

PMC JEW WIL

COURT OF APPEAL, FIRST CIRCUIT

TY CLERK OF COURT FOR THE COURT