Central Properties/BMO Harris d/b/a Central Properties v. Keith B. Lagarde, Administrator of the Successions of Edwin J. Lagarde, Jr. and Annadell Benoit Lagarde

Louisiana Court of Appeal

Central Properties/BMO Harris d/b/a Central Properties v. Keith B. Lagarde, Administrator of the Successions of Edwin J. Lagarde, Jr. and Annadell Benoit Lagarde

DecidedMay 6, 2021

Docket2021CW0225

StatusUnknown

This text of Central Properties/BMO Harris d/b/a Central Properties v. Keith B. Lagarde, Administrator of the Successions of Edwin J. Lagarde, Jr. and Annadell Benoit Lagarde (Central Properties/BMO Harris d/b/a Central Properties v. Keith B. Lagarde, Administrator of the Successions of Edwin J. Lagarde, Jr. and Annadell Benoit Lagarde) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Central Properties/BMO Harris d/b/a Central Properties v. Keith B. Lagarde, Administrator of the Successions of Edwin J. Lagarde, Jr. and Annadell Benoit Lagarde, (La. Ct. App. 2021).

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Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

CENTRAL PROPERTIES/ BMO HARRIS NO. 2021 CW 0225 D/ B/ A CENTRAL PROPERTIES

VERSUS

KEITH B. LAGARDE, ADMINISTRATOR OF THE SUCCESSIONS OF EDWIN J. LAGARDE, JR., AND ANNADELL MAY 06, 2021 BENOIT LAGARDE

In Re: Central Properties/ BMO Harris D/ B/ A Central Properties, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 140205.

BEFORE: GUIDRY, MCCLENDON, AND LANIER, JJ.

WRIT GRANTED. The trial court committed legal error in rendering its Order Nullifying Judgment sua sponte. See La. Code Civ. P. art. 2002; Succession of Ard v. Hammond Mobile Homes, LLC, 2018- 1216 ( La. 1st Cir. App. 4/ 12/ 19), 2019 WL 1578169 ( unpublished). To the extent the trial court seeks to non - substantively amend its prior judgment, La. Code Civ. P. art. 1951 provides: " On motion of the court or any party, a final judgment may be amended at time to any alter the phraseology of the judgment, but not its substance, or to correct errors of calculation. The judgment may be amended only after a hearing with notice to all parties, except that a

hearing is not required if all parties consent or if the court or the party the judgment submitting amended certifies that it was provided to all parties at least five days before the amendment and that no opposition has been received." The provisions of La. Code Civ. P. art. 1951 were not met herein. Furthermore, any substantive amendments to judgments can be made only after a has party successfully litigated a timely application for new trial, an action for nullity, or a timely appeal. See Frisard v. Autin, 98- 2637 ( La. 1st App. Cir. 12/ 28/ 99), 747 So. 2d 813, 818, denied, writ 2000- 0126 ( La. 3/ 17/ 00), 756 So. 2d 1145. The Louisiana Supreme Court has also recognized that, on its own motion, and with the consent of the parties, the trial court may amend a judgment substantively. Id. ( citing Villaume Villaume, 363 v. So. 2d 448, 451 ( La. 1978)). The provisions for a substantive amendment likewise were not met herein. Accordingly, the trial court' s February 2, 2021 Order Nullifying Judgment is hereby vacated. JMG PMc WIL

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY ERK OF COURT FOR THE COURT

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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

CENTRAL PROPERTIES/ BMO HARRIS NO. 2021 CW 0225 D/ B/ A CENTRAL PROPERTIES

VERSUS

KEITH B. LAGARDE, ADMINISTRATOR OF THE SUCCESSIONS OF EDWIN J. LAGARDE, JR., AND ANNADELL MAY 06, 2021 BENOIT LAGARDE

In Re: Central Properties/ BMO Harris D/ B/ A Central Properties, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 140205.

BEFORE: GUIDRY, MCCLENDON, AND LANIER, JJ.

WRIT GRANTED. The trial court committed legal error in rendering its Order Nullifying Judgment sua sponte. See La. Code Civ. P. art. 2002; Succession of Ard v. Hammond Mobile Homes, LLC, 2018- 1216 ( La. 1st Cir. App. 4/ 12/ 19), 2019 WL 1578169 ( unpublished). To the extent the trial court seeks to non - substantively amend its prior judgment, La. Code Civ. P. art. 1951 provides: " On motion of the court or any party, a final judgment may be amended at time to any alter the phraseology of the judgment, but not its substance, or to correct errors of calculation. The judgment may be amended only after a hearing with notice to all parties, except that a

hearing is not required if all parties consent or if the court or the party the judgment submitting amended certifies that it was provided to all parties at least five days before the amendment and that no opposition has been received." The provisions of La. Code Civ. P. art. 1951 were not met herein. Furthermore, any substantive amendments to judgments can be made only after a has party successfully litigated a timely application for new trial, an action for nullity, or a timely appeal. See Frisard v. Autin, 98- 2637 ( La. 1st App. Cir. 12/ 28/ 99), 747 So. 2d 813, 818, denied, writ 2000- 0126 ( La. 3/ 17/ 00), 756 So. 2d 1145. The Louisiana Supreme Court has also recognized that, on its own motion, and with the consent of the parties, the trial court may amend a judgment substantively. Id. ( citing Villaume Villaume, 363 v. So. 2d 448, 451 ( La. 1978)). The provisions for a substantive amendment likewise were not met herein. Accordingly, the trial court' s February 2, 2021 Order Nullifying Judgment is hereby vacated. JMG PMc WIL

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY ERK OF COURT FOR THE COURT

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Central Properties/BMO Harris d/b/a Central Properties v. Keith B. Lagarde, Administrator of the Successions of Edwin J. Lagarde, Jr. and Annadell Benoit Lagarde, Counsel Stack Legal Research, https://law.counselstack.com/opinion/central-propertiesbmo-harris-dba-central-properties-v-keith-b-lagarde-lactapp-2021.

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