Jonathan Jamal Johnson v. Whitney Crockett Johnson

JONATHAN JAMAL JOHNSON NO. 2024 CW 0611

VERSUS

WHITNEY CROCKETT JOHNSON SEPTEMBER 9, 2024

In Re: Whitney Crockett Johnson, applying for supervisory
writs, Family Court in and for the Parish of East Baton
Rouge, No. F- 230091.

BEFORE: McCLENDON, WELCH, AND LANIER, JJ.

WRIT GRANTED WITH The portion of the family court' s
ORDER.
June 12, 2024 judgment granting the motion for sanctions filed by
plaintiff, Jonathan Jamal Johnson, is a final, appealable

judgment. La. Code Civ. P. art. 1915 ( A) ( 6) ; Landry v. Landry, 2021-
0337 ( La. App. 1st Cir. 10/ 8/ 21), 331 So. 3d 351, writ denied, 2022-
00044 ( La. 3/ 2/ 22) , 333 So. 3d 835. Therefore, the writ is granted,
in part, for the limited purpose of remanding the case to the

family court with instructions to grant defendant, Whitney
Crockett Johnson, an appeal of the portion of the judgment which
granted the motion for sanctions pursuant to the pleading that

notified the family court of her intention to seek writs. See In
re Howard, 541 So. 2d 195, 197 ( La. 1989) ( per curiam).

Additionally, a copy of this court' s order is to be included in
the appellate record.

In addition, the portions of the judgment granting in part
the exceptions of res judicata and lis pendens are reversed. In

order for an exception of res judicata to be sustained, a final
judgment is required. La. R. S. 13: 4231. In this matter, there

has been no final adjudication of any petition for protection from
abuse, and therefore, res judicata is inapplicable. Moreover, lis
pendens applies when two or more actions are pending. La. Code
Civ. P. art. 531. All petitions for protection and temporary
restraining orders at issue herein were filed in the same family
court action, bearing the same family court docket number.

Accordingly, the exceptions of res judicata and lis pendens are
denied.

PMC
JEW

WIL

COURT OF APPEAL, FIRST CIRCUIT

TY CLERK OF COURT
FOR THE COURT