Elbert Lawrence v. The State of Louisiana

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

ELBERT LAWRENCE NO. 2019 CW 0341

VERSUS

THE STATE OF LOUISIANA AUG 19 2019

In Re: The State of Louisiana, applying for supervisory
writs, 19th Judicial District Court, Parish of East
Baton Rouge, No. 639010.

BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT GRANTED WITH ORDER. The district court' s February 12,
2019 ruling, denying defendant/ relator, the State of

Louisiana' s, Peremptory Exception Nonjoinder is
of of a Party,
reversed, and the exception is granted. See La. Code Civ. P.
art. 1880 ("[ w] hen declaratory relief is sought, all persons

shall be made parties who have or claim any interest which would
be affected by the declaration[.]"). Furthermore, we remand the
matter to the district court with instructions to issue an order
granting plaintiff/ respondent, Elbert Lawrence, the opportunity
to amend his petition, if he deemed
can, within a
delay
reasonable by the district court. See La. Code Civ. P. art.

934.

PMC
JEW
GH

COURT OF APPEAL, FIRST CIRCUIT

DE PU Y K OF COURT
FOR THE COURT