Opinion
NO. 2015 CW 1241
08-14-2015
GLENISHA AUGILLARD AND SHAWN JONES v. MARK STRAUSS AND RHONDA STRAUSS
In Re: Glenisha Augillard and Shawn Jones, applying for supervisory writs and a stay of proceedings, 19th Judicial District Court, Parish of East Baton Rouge, No. 641314. BEFORE: McDONALD, McCLENDON AND THERIOT, JJ.
WRIT GRANTED. The August 11, 2015 ruling of the district court which granted the motion to dismiss and ordered that the Petition for Trial De Novo be converted to a devolutive appeal is reversed. Pursuant to La. Code Civ. P. art. 4924 relator is entitled to a trial de novo on appeal. Further, in accordance with La. Code Civ. P. art. 4925 relator timely filed suit for trial de novo in the district court. Accordingly, execution of the writ of possession and/or judgment of eviction is stayed until such time that the trial de novo is heard.
PMc
MRT
JMM
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT