Opinion
NO. 2019 CW 0341
08-19-2019
ELBERT LAWRENCE v. THE STATE OF LOUISIANA
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 of Nonjoinder of a Party, is 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 can, within a delay deemed reasonable by the district court. See La. Code Civ. P. art. 934.
PMc
JEW
GH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT