Leon Marion Lalonde, Jr. and Marha Smith Lalonde v. Frank Thomas Vallot and Barbara Kay Butler Vallot

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

LEON MARION LALONDE, JR. AND NO. 2019 CW 0625
MARTHA SMITH LALONDE

VERSUS

FRANK THOMAS VALLOT AND
BARBARA KAY BUTLER VALLOT
OCT 2 8 2019

In Re: Leon Marion Lalonde, Jr. and Martha Smith Lalonde,

applying for supervisory writs, 21st Judicial District

Court, Parish of Tangipahoa, No. 2010- 00001994.

BEFORE: HIGGINBOTHAM, PENZATO, AND LANIER, JJ.

WRIT GRANTED. The trial court' s April 8, 2019 judgment
that granted the " Motion to Amend Judgment" filed by Frank and

Barbara Vallot, Charlene Branch Daniels, and Branch Real Estate,
LLC, is reversed. The trial court abused its discretion by
amending the March 1, 2011 judgment that granted the plaintiffs'
motion for new trial, signed by Judge Ernest Drake, Jr., upon a

finding that Judge Drake' s March 1, 2011 judgment was

inconsistent with his written reasons for ruling. The March 1,
2011 judgment grants the plaintiffs an unrestricted new trial,
as prayed for. Judge Drake signed the March 1, 2011 judgment
with knowledge of its contents, his original ruling on the
Vallots' exception of prescription, and his reasons for granting
the plaintiffs' motion for new trial. Therefore, the " Motion to
Amend Judgment" filed by Frank and Barbara Vallot, Charlene
Branch Daniels, and Branch Real Estate, LLC is denied.

TMH

AHP
WIL

COURT OF APPEAL, FIRST CIRCUIT

Y

DEPUTY
L lk
CLERK OF COURT
FOR THE COURT