Opinion
2023 CW 0379
05-10-2023
CLIFFORD GILLIE v. KEVIN J. GILLIE
In Re: Kevin J. Gillie, applying fir supervisory writs, 19th Judicial District Court, Palish of East Baton Rouge, No.686006.
BEFORE: WELCH, PENZATO, AND LANIER, JJ.
STAY LIFTED; WRIT GRANTED IN PART; DENIED IN PART. The stay previously issued by this court in this matter is hereby lifted. The transcript of the February 5, 2020 hearing held on relator's, Kevin J. Gillie's, "Motion for New Trial and Action of Nullity of Judgment" indicates that relator and respondent, Clifford Gillie, stipulated to vacate the judgment of eviction rendered by the trial court on January 3, 2020. A stipulation has the effect of a judicial admission or confession, which binds all parties and the court. 'Stipulations between the parties in a specific case are binding on the trial court when not in derogation of law. Such agreements are the law of the case. Becht v. Morgan Building & Spas, Inc., 2002-2047 (La. 4/23/03), 843 So.2d 1109, 1112, cert, denied, 540 U.S. 878, 124 S.Ct. 289, 157 L.Ed.2d 142 (2003) (quoting R.J. D'Hemecourt P etroleum, Inc. v. McNamara, 444 So.2d 600 (La. 1983)). Therefore, as Kevin J. Gillie and Clifford Gillie stipulated to vacation of the January 3, 2020 judgment of eviction, the April 17, 2023 warrant of possession was improperly issued. See La. Code Civ. P. art. 4733. Additionally, the April 17, 2023 warrant of possession appears to have |been issued by the clerk of court and not the trial court. See La. Code Civ. P. art. 4733. Accordingly, the April 17, 2023 warrant of possession is vacated. The writ is denied in all other respects.
JEW
AHP
WIL