Devionne Wren Butler v. James J. Butler

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

DEVIONNE WREN BUTLER NO. 2020 CW 0693

VERSUS

JAMES J. BUTLER AUGUST 06, 2020

In Re: Devionne Wren Butler, applying for supervisory writs,

Family Court in and for the Parish of East Baton

Rouge, No. 221094.

BEFORE: WHIPPLE, C. J., MCCLENDON, HIGGINBOTHAM, LANIER AND
WOLFE, JJ.

WRIT DENIED.

PMC
TMH
WIL

Whipple, C. J., and Wolfe, J. dissent. The parties herein
appeared in court, and the trial court, after
questioning- the
parties, awarded use and occupancy of the family residence to
Devionne Wren Butler and ordered James Butler to vacate the home
by a certain date. Although that initial order by the trial
court was an interlocutory ruling, no notice was provided to
either Devionne Wren Butler or her counsel of the subsequent

reconsideration or new hearing prior to the trial court vacating
that initial order rendered in open court in their presence.

Accordingly, we would grant the writ, vacate the trial court' s

June 17, 2020 order which vacated its original ruling awarding
exclusive use
and occupancy of the family residence to Devionne
Wren Butler and remand this matter for further proceedings after
proper notice to all parties.

COURT OF APPEAL, FIRST CIRCUIT

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DEPUTY LERK OF COURT
FOR THE COURT