STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT WILLIAM BRUMFIELD NO. 2023 CW 1264

VERSUS

TOM DARRICK BERRY AND FEBRUARY 16, 2024 CHARLOTTE ANNETTE GREEN

Tn Re: Tom Darrick Berry, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 731680.

BEFORE: WELCH, WOLFE, AND STROMBERG, JJ.

WRIT GRANTED. The trial court' s September 25, 2023 judgment declaring William Brumfield to be the true and lawful owner of the real property located at 5204 Evangeline Street, Baton Rouge, Louisiana 70805 and permanently enjoining Torn Berry from taking any action to deprive, remove, dispossess or otherwise interfere with the ownership and/ or occupancy rights of William Brumfield is vacated. The transcript of the August 15, 2023 hearing does not reflect a stipulation that Brumfield' s petition for declaratory relief would also be tried at the preliminary injunction hearing. Court records do not reflect notice that the declaratory judgment claim had been set for hearing. A suit for declaratory judgment is an ordinary proceeding. Singleton v. East Baton Rouge Parish School Board, 2022- 0667 ( La. App. 1st Cir. 9/ 16/ 22), 353 So. 3d 164, 172- 74.

JEW EW TPS

COURT OF APPEAL, FIRST CIRCUIT

DEPT LERK J Ay OF COURT FOR THE COURT