Central Properties/BMO Harris d/b/a Central Properties v. Keith B. Lagarde, Administrator of the Successions of Edwin J. Lagarde, Jr. and Annadell Benoit Lagarde

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

CENTRAL PROPERTIES/ BMO HARRIS NO. 2021 CW 0225
D/ B/ A CENTRAL PROPERTIES

VERSUS

KEITH B. LAGARDE, ADMINISTRATOR
OF THE SUCCESSIONS OF EDWIN J.
LAGARDE, JR., AND ANNADELL MAY 06, 2021
BENOIT LAGARDE

In Re: Central Properties/ BMO Harris D/ B/ A Central
Properties, applying for supervisory writs, 17th
Judicial District Court, Parish of Lafourche, No.
140205.

BEFORE: GUIDRY, MCCLENDON, AND LANIER, JJ.

WRIT GRANTED. The trial court committed legal error in
rendering its Order
Nullifying Judgment sua sponte. See La.
Code Civ. P. art. 2002; Succession of Ard v. Hammond Mobile
Homes, LLC, 2018- 1216 ( La. 1st Cir.
App. 4/ 12/ 19), 2019 WL
1578169 ( unpublished). To the extent the trial court seeks to
non - substantively amend its prior judgment, La. Code Civ. P.
art. 1951 provides: " On motion of the court or
any party, a
final judgment may be amended at time to
any alter the
phraseology of the judgment, but not its substance, or to
correct errors of calculation. The judgment may be amended only
after a
hearing with notice to all parties, except that a

hearing is not required if all parties consent or if the court
or the party the judgment
submitting amended certifies that it
was provided to all parties at least five days before the
amendment and that no opposition has been received." The
provisions of La. Code Civ. P. art. 1951 were not met herein.
Furthermore, any substantive amendments to judgments can be made
only after a has
party successfully litigated a
timely
application for new trial, an action for nullity, or a
timely
appeal. See Frisard v. Autin, 98- 2637 ( La. 1st
App. Cir.
12/ 28/ 99), 747 So. 2d 813, 818, denied,
writ 2000- 0126 ( La.
3/ 17/ 00), 756 So. 2d 1145. The Louisiana Supreme Court has also
recognized that, on its own motion, and with the consent of the
parties, the trial court
may amend a judgment substantively.
Id. ( citing Villaume Villaume, 363
v. So. 2d 448, 451 ( La.
1978)). The provisions for a substantive amendment likewise
were not met herein. Accordingly, the trial court' s February 2,
2021 Order Nullifying Judgment is hereby vacated.
JMG
PMc
WIL

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY ERK OF COURT
FOR THE COURT