Sunbelt Innovative Plastics, LLC v. Velvet Pines Developers, LLC

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
SUNBELT INNOVATIVE PLASTICS, NO. 2024 CW 0178
LLC

VERSUS
VELVET PINES DEVELOPERS, LLC APRIL 4, 2024

In Re: Velvet Pines Developers, LLC, applying for supervisory
writs, 22nd Judicial District Court, Parish of St.
Tammany, No. 202310715.

BEFORE: WELCH, WOLFE, AND STROMBERG, J J.

WRIT GRANTED. The judgment of the trial court denying the
motion to dissolve the writ of sequestration filed by defendant,
Velvet Pines Developers, LLC, is reversed and the motion to
dissolve the writ of sequestration is granted. A writ of
sequestration shall issue only when the nature of the claim and
the amount thereof, if any, and the grounds relied upon for the
issuance of the writ clearly appear from specific facts shown by
a verified petition or separate affidavit of the petitioner, his
counsel, or an agent. La. Code Civ. P. art. 3501. The trial
court erred in finding plaintiff, Sunbelt Innovative Plastics,
LLC, met its burden of proof that defendant was in possession of
the amount seized. La. Code Civ. P. art. 3571.

EW
TPS

Welch, J., concurs. In addition, the trial court erred in
allowing plaintiff, Sunbelt Innovative Plastics, LLC, to amend
its writ of sequestration to cure a deficiency with the amount
to be seized after defendant filed a motion to dissolve the writ
of sequestration. See Hancock Bank v. Alexander, 237 So.2d 669,
672 (La. 1970).

COURT OF APPEAL, FIRST CIRCUIT

A.CJ
DEPUTY CLERK OF COURT
FOR THE COURT