Elizabeth Leblanc Schroeder v. Alan Conrad Schroeder

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

ELIZABETH SCHROEDER NO. 2025 CW 1218
VERSUS

ALAN SCHROEDER JANUARY 22, 2026
In Re: Elizabeth Leblanc Schroeder, applying for supervisory

writs, Family Court in and for the Parish of East Baton
Rouge, No. 224,653.

BEFORE : McCLENDON, C.J3., GREENE AND STROMBERG, JJ.

WRIT GRANTED. The family court’s October 22, 2025 judgment
which declared the valuation dates for the community property
interest in Orthopedic Surgery Center, LLC and The Bone and Joint
Clinic of Baton Rouge, Inc. is vacated. A suit for a declaratory
judgment is an ordinary action, not a summary proceeding. City of
Baton Rouge v. State, ex rel. Dep't of Soc. Servs., 2007-0005 (ha.
App. lst Cir. 9/14/07), 970 So.2d 985, 995, citing In re Melancon,
2005-1702 (La. 7/10/06), 935 So.2d 661, 665-66. A rule to show
cause is not the proper procedural vehicle to request declaratory
relief. The proper procedural vehicle is an ordinary proceeding.
Girod Titling Tr. v. Hermes Health All., 2024-0201 (La. App. 4th
Cir. 7/1/24), 401 So.3d 716, 720-21. A partial judgment within
this otherwise contested proceeding did not terminate the
uncertainty or controversy giving rise to the proceeding, and
declaratory judgment should not be used to merely try issues in a
pending case. See Ehlenberger v. Guardian Med. Grp., LLC, 2019-
446 (La. App. Sth Cir. 5/29/20), 298 So.3d 375, 378, citing Tyler
v. Grantham, 26,678 (La. App. 2d Cir. 7/21/94), 641 So.2d 632,
633.

PMc
HG
TPS

f COURT OF APPEAL, FIRST CIRCUIT