William Brumfield v. Tom Darrick Berry, Charlotte Annette Green

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

WILLIAM BRUMFIELD NO. 2023 CW 1264

VERSUS

TOM DARRICK BERRY AND FEBRUARY 16, 2024
CHARLOTTE ANNETTE GREEN

Tn Re: Tom Darrick Berry, applying for supervisory writs,

19th Judicial District Court, Parish of East Baton

Rouge, No. 731680.

BEFORE: WELCH, WOLFE, AND STROMBERG, JJ.

WRIT GRANTED. The trial court' s September 25, 2023
judgment declaring William Brumfield to be the true and lawful
owner of the real property located at 5204 Evangeline Street,
Baton Rouge, Louisiana 70805 and permanently enjoining Torn Berry
from taking any action to deprive, remove, dispossess or

otherwise interfere with the ownership and/ or occupancy rights

of William Brumfield is vacated. The transcript of the August

15, 2023 hearing does not reflect a stipulation that Brumfield' s
petition for declaratory relief would also be tried at the

preliminary injunction hearing. Court records do not reflect

notice that the declaratory judgment claim had been set for
hearing. A suit for declaratory judgment is an ordinary
proceeding. Singleton v. East Baton Rouge Parish School Board,
2022- 0667 ( La. App. 1st Cir. 9/ 16/ 22), 353 So. 3d 164, 172- 74.

JEW
EW

TPS

COURT OF APPEAL, FIRST CIRCUIT

DEPT LERK
J Ay
OF COURT
FOR THE COURT