Summary
The Louisiana Court of Appeal, First Circuit did not consider Lorenza Winn’s supervisory writ application because the plaintiff, Corey Vessel, had died and no proper party plaintiff had been substituted. The court explained that substitution under Louisiana Code of Civil Procedure article 801 was required before the matter could proceed and set a deadline for any new writ application.
Topics
Practice areas
Questions Presented
- Whether the court could consider or render the pending supervisory-writ matter after the plaintiff's death without substitution of a proper party.
- What procedure was required to substitute a legal successor for a deceased party before the action could continue.
Holdings
- The court could not render the action until a proper party plaintiff was substituted for the deceased plaintiff.
- The court would not consider supplementation of the writ application or an application for rehearing; any new application had to include documentation of proper substitution and comply with Uniform Rules of Louisiana Courts of Appeal, Rule 2-12.2.
Key quotations
“Upon the death of a litigant, a proper party plaintiff must be substituted to allow the action to continue.” (at 1)
“A judgment rendered for or against a deceased party is an absolute nullity.” (at 1)
“Before this court can render an action herein, a proper substitution for plaintiff must be accomplished.” (at 1)
Factual background
Corey Vessel, the plaintiff in the underlying action, died on March 1, 2026, while the supervisory-writ matter was pending. Counsel notified the Louisiana Court of Appeal of the death by correspondence filed March 26, 2026. No proper party plaintiff had yet been substituted when the appellate court considered the writ application.
Procedural history
The matter arose from a proceeding in the Nineteenth Judicial District Court for East Baton Rouge Parish, docket number 700170. While the writ application was pending, counsel advised the appellate court that plaintiff Corey Vessel had died on March 1, 2026. The court stated that substitution of a proper party was required before it could render the action and directed that any new application include documentation evidencing the substitution and comply with the applicable appellate rules.
Remand instructions
The court did not remand the matter. It stated that any new writ application must be filed by July 6, 2026, include all pertinent documentation evidencing proper substitution of the plaintiff, comply with Uniform Rules of Louisiana Courts of Appeal, Rule 2-12.2, and include a copy of the ruling.