Background
Frances Elizabeth Claybourn sought supervisory review of a June 18, 2026 judgment of possession entered by the 19th Judicial District Court in East Baton Rouge Parish.
Based on the information submitted with the writ application, the judgment appeared to resolve all claims asserted in Brendan Claybourn’s petition for possession and Frances Claybourn’s petition for partial judgment of possession. Frances also requested a stay.
The Court’s Holding
The Louisiana First Circuit concluded that the judgment of possession appeared to be an appealable judgment because it disposed of all claims raised in the two petitions. The court therefore granted the writ for the limited purpose of remanding the matter to the district court with instructions to grant Frances an appeal pursuant to her notice of intent to seek supervisory writs.
The court denied the requested stay. It also ordered that a copy of its order be included in the appellate record.
Key Takeaways
- A judgment of possession that disposes of all claims asserted in the relevant petitions may be appealable.
- When a party seeks supervisory review of an appealable judgment, the appellate court may remand with instructions to grant an appeal.
- The First Circuit denied the stay while preserving review through the ordinary appellate process.
Why It Matters
The ruling clarifies the procedural route for challenging a final judgment of possession in a Louisiana succession proceeding. Rather than reviewing the merits through its supervisory jurisdiction, the First Circuit directed that the challenge proceed as an appeal.