Opinion
NO. 2013 CW 0161
02-28-2013
MSF TRUST I v. PATRICK DELANE STEWART A/K/A PATRICK D. STEWART, PATRICK DELANE
In Re: MSF Trust I, applying for expedited supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 596135 c/w 604255. BEFORE: PARRO, WELCH AND KLINE, JJ. WRIT GRANTED IN PART, WITH ORDER; DENIED IN PART. A temporary restraining order is a transitory restraint intended to provide only a brief, tentative holding of the line. See Roy v. Roy, 352 So.2d 395, 396 (La. App. 4th Cir. 1977) ; Dauphine v. Carencro High School, 02-2005 (La. 4/21/03), 843 So.2d 1096, 1102. To date, the trial court has granted no less than seven temporary restraining orders (including extensions) in favor of Patrick Delane Stewart. We find the use of the temporary restraining order in this case has been excessive and has provided far more than a transitory restraint. Furthermore, we find the excessive use of the temporary restraining order in this case has been caused in part by the trial court's failure to rule on the pending applications for preliminary injunction. Accordingly, the trial court is hereby ordered to render a decision on all of Patrick Delane Stewart's pending applications for preliminary injunction on or before March 15, 2013. The writ application is denied in all other respects.
RHP
JEW
WFK
COURT OF APPEAL, FIRST CIRCUIT
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DEPUTY CLERK OF COURT
FOR THE COURT
Kline, J., serving as Judge pro tempore of the Court of Appeal, First Circuit, by special appointment of the Louisiana Supreme Court.