Opinion
2024 CW 0294
06-03-2024
NEW HOPE METHODIST CHURCH v. BOARD OF TRUSTEES OF THE LOUISIANA ANNUAL CONFERENCE OF THE UNITED METHODIST CHURCH, SOUTH CENTRAL JURISDICTION CONCORD METHODIST CHURCH v. BOARD OF TRUSTEES OF THE LOUISIANA ANNUAL CONFERENCE OF THE UNITED METHODIST CHURCH, SOUTH CENTRAL JURISDICTION
In Re: Board of Trustees of the Louisiana Annual Conference of the United Methodist Church, South Central Jurisdiction, applying for supervisory writs, 20th Judicial District Court, Parish of West Feliciana, Nos. 24739 c/w 24740.
BEFORE: WELCH, WOLFE, AND STROMBERG, JJ.
WRIT GRANTED. The portion of the trial court's March 6, 2024 judgment denying the dilatory exception of unauthorized use of summary proceeding filed by Board of Trustees of the Louisiana Annual Conference of the United Methodist Church, South Central Jurisdiction is reversed. Summary proceedings may be used only in those matters in which the law permits them to be used. La. Code Civ. P. art. 2592. The petitions filed by plaintiffs, New Hope Methodist Church and Concord United Methodist Church, fail to allege facts entitling plaintiffs to proceed by summary proceeding. See La. R.S. 9:5176(A). Accordingly, the exception of unauthorized use of summary proceeding is granted. This matter is remanded to the trial court with instructions to allow New Hope Methodist Church and Concord United Methodist Church an opportunity to amend their petitions to convert the proceeding to an ordinary proceeding.
JEW
EW
TPS