Neill Corporation v. Anna Shutt, Julia Deziel, Stephanie Garcia, and Jill English

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

NEILL CORPORATION NO. 2020 CW 1140

VERSUS

ANNA SHUTT, JULIA DEZIEL, APRIL 26, 2021 STEPHANIE GARCIA, AND JILL ENGLISH

In Re: Anna Shutt, Julia Deziel, Stephanie Garcia, and Jill

English, applying for supervisory writs, 21st Judicial

District Court, Parish of Tangipahoa, No. 2019 - 0001961.

BEFORE: GUIDRY, McCLENDON, AND LANIER, JJ.

WRIT GRANTED. At the time the June 11, 2020 judgment

reinstating the preliminary injunction was rendered, the trial

court was divested of jurisdiction, as the trial court had signed the order of appeal and the appeal bond was filed on

September 18, 2019. Neill Corporation v. Schutt, 2020- 0269, p. 7( La. App. 1st Cir. 1/ 25/ 21), --- So. 3d ---, ---; La. Code Civ. P. art. 2088. Any order or judgment rendered subsequent to the

perfecting of the appeal is null if that order or judgment purports to address a matter which is at the time reviewable

under the appeal. Hernandez v. Excel Contractors, Inc., 2018- 1. 091 ( La. App. 1st Cir. 3/ 13/ 19), 275 So. 3d 278, 283- 85. The

trial court' s September 29, 2020 judgment denying the Motion to Vacate filed by defendants, Anna Shutt, Julia Deziel, Stephanie Garcia, and Jill English, is reversed. We grant the Motion to

Vacate, thereby vacating the trial court' s June 11, 2020 judgment. See Neill Corporation v. Schutt, 2020- 0269 ( La. App. 1st Cir. 1/ 25/ 21), --- So. 3d ---.

JMG PMc WIL

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT