Sunbelt Innovative Plastics, LLC v. Velvet Pines Developers, LLC

• Court: Louisiana Court of Appeal
• Decided: April 4, 2024
• Docket: 2024CW0178
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT SUNBELT INNOVATIVE PLASTICS, NO. 2024 CW 0178 LLC

VERSUS VELVET PINES DEVELOPERS, LLC APRIL 4, 2024

In Re: Velvet Pines Developers, LLC, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 202310715.

BEFORE: WELCH, WOLFE, AND STROMBERG, J J.

WRIT GRANTED. The judgment of the trial court denying the motion to dissolve the writ of sequestration filed by defendant, Velvet Pines Developers, LLC, is reversed and the motion to dissolve the writ of sequestration is granted. A writ of sequestration shall issue only when the nature of the claim and the amount thereof, if any, and the grounds relied upon for the issuance of the writ clearly appear from specific facts shown by a verified petition or separate affidavit of the petitioner, his counsel, or an agent. La. Code Civ. P. art. 3501. The trial court erred in finding plaintiff, Sunbelt Innovative Plastics, LLC, met its burden of proof that defendant was in possession of the amount seized. La. Code Civ. P. art. 3571.

EW TPS

Welch, J., concurs. In addition, the trial court erred in allowing plaintiff, Sunbelt Innovative Plastics, LLC, to amend its writ of sequestration to cure a deficiency with the amount to be seized after defendant filed a motion to dissolve the writ of sequestration. See Hancock Bank v. Alexander, 237 So.2d 669, 672 (La. 1970).

COURT OF APPEAL, FIRST CIRCUIT

A.CJ DEPUTY CLERK OF COURT FOR THE COURT