Elbert Lawrence v. The State of Louisiana ( 2019 )

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT ELBERT LAWRENCE NO. 2019 CW 0341 VERSUS THE STATE OF LOUISIANA AUG 19 2019 In Re: The State of Louisiana, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 639010. BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ. WRIT GRANTED WITH ORDER. The district court' s February 12, 2019 ruling, denying defendant/ relator, the State of Louisiana' s, Peremptory Exception Nonjoinder is of of a Party, reversed, and the exception is granted. See La. Code Civ. P. art. 1880 ("[ w] hen declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration[.]"). Furthermore, we remand the matter to the district court with instructions to issue an order granting plaintiff/ respondent, Elbert Lawrence, the opportunity to amend his petition, if he deemed can, within a delay reasonable by the district court. See La. Code Civ. P. art. 934. PMC JEW GH COURT OF APPEAL, FIRST CIRCUIT DE PU Y K OF COURT FOR THE COURT