Background
Brittany Hughes sought supervisory review of a ruling in a juvenile proceeding pending in Louisiana’s 21st Judicial District Court for Livingston Parish. She also requested a stay.
Hughes had moved to vacate an instanter order, relying on Louisiana Code of Civil Procedure article 2002. The district court proceeding was docketed as No. 23-JUV-016318.
The Court’s Holding
The First Circuit denied both the requested stay and the supervisory writ. The court explained that Article 2002, the provision Hughes invoked in her motion to vacate, applies to final judgments.
The instanter order Hughes sought to vacate was not a final judgment. Accordingly, Article 2002 did not provide a basis for vacating that order.
Key Takeaways
- Louisiana Code of Civil Procedure article 2002 applies to final judgments.
- An instanter order is not necessarily a final judgment subject to an Article 2002 motion to vacate.
- The First Circuit denied both supervisory relief and a stay.
Why It Matters
The decision underscores that a litigant must identify a procedurally applicable vehicle when challenging an interlocutory order. Article 2002 cannot be used to vacate an order that does not qualify as a final judgment.