Clifford Gillie v. Kevin J Gillie

• Court: Louisiana Court of Appeal
• Decided: May 10, 2023
• Docket: 2023CW0379
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

CLIFFORD GILLIE NO. 2023 CW 0379

VERSUS

KEVIN J. GILLIE MAY 10, 2023

In Re: Kevin J. Gillie, applying f6r supervisory writs, 19th Judicial District Court, Patish of East Baton Rouge, No. 686006.

BEFORE: WELCH, PENZATO, AND LANIER, J,J. I

STAY LIFTED; WRIT GRANTED IN P~T; DENIED IN PART. The stay previously issued by this court . in this matter is hereby lifted. The transcript of the February 1 5, 2020 hearing held on relator's, Kevin J. Gillie's, " Motion I for New Trial and Action of Nullity of Judgment" indicates that relator and respondent, Clifford Gillie, stipulated to vacate I the judgment of eviction rendered by the trial court on January- 3, 2020. A stipulation has the effect of a judicial admission or confession, which binds all parties and the court. ' Stipulations between the parties in a specific case are binding on the trial court when not in derogation of law. Such agreements are the law of the case. Becht v. Morgan Building & Spas, Inc., 2002-2047 ( La. 4/23/03), 843 So.2d 1109, 1112, cert. denied, 540 U.S. 878, 124 S.Ct. 289, 157 L.Ed.2d 142 ( 2003) (' quoting R.J. D' Hemecourt Petroleum, Inc. v. McNamara, 444 So.2d 600 ( La. 1983)). Therefore, as Kevin J. Gillie and Clifford Gillie stipulated to I

vacation of the January 3, 2020 judgme~t of eviction, the April 17, 2023 warrant of possession was imriroperly issued. See La. Code Civ. P. art. 4733. Additionally, the April 17, 2023 warrant of possession appears to have ~ een issued by the clerk of court and not the trial court. SEte La. Code Civ. P. art. 4 7 33. Accordingly, the April 17, 2023 warrant of possession is vacated. The writ is denied in all other respects.

JEW AHP WIL

O\.C'i{) DEPUTY CLERK OF COURT FOR THE COURT