Clifford Gillie v. Kevin J Gillie

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

CLIFFORD GILLIE NO. 2023 CW 0379

VERSUS

KEVIN J. GILLIE MAY 10, 2023

In Re: Kevin J. Gillie, applying f6r supervisory writs, 19th
Judicial District Court, Patish of East Baton Rouge,
No. 686006.

BEFORE: WELCH, PENZATO, AND LANIER, J,J.
I

STAY LIFTED; WRIT GRANTED IN P~T; DENIED IN PART. The
stay previously issued by this court . in this matter is hereby
lifted. The transcript of the February 1
5, 2020 hearing held on
relator's, Kevin J. Gillie's, " Motion I for New Trial and Action
of Nullity of Judgment" indicates that relator and respondent,
Clifford Gillie, stipulated to vacate I the judgment of eviction
rendered by the trial court on January- 3, 2020. A stipulation
has the effect of a judicial admission or confession, which
binds all parties and the court. ' Stipulations between the
parties in a specific case are binding on the trial court when
not in derogation of law. Such agreements are the law of the
case. Becht v. Morgan Building & Spas, Inc., 2002-2047 ( La.
4/23/03), 843 So.2d 1109, 1112, cert. denied, 540 U.S. 878, 124
S.Ct. 289, 157 L.Ed.2d 142 ( 2003) (' quoting R.J. D' Hemecourt
Petroleum, Inc. v. McNamara, 444 So.2d 600 ( La. 1983)).
Therefore, as Kevin J. Gillie and Clifford Gillie stipulated to
I

vacation of the January 3, 2020 judgme~t of eviction, the April
17, 2023 warrant of possession was imriroperly issued. See La.
Code Civ. P. art. 4733. Additionally, the April 17, 2023
warrant of possession appears to have ~ een issued by the clerk
of court and not the trial court. SEte La. Code Civ. P. art.
4 7 33. Accordingly, the April 17, 2023 warrant of possession is
vacated. The writ is denied in all other respects.

JEW
AHP
WIL

COURT OF APPEAL, FIRST CIRCUIT

O\.C'i{)
DEPUTY CLERK OF COURT
FOR THE COURT