The opinion
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
BROWN & ROOT INDUSTRIAL SERVICES, NO. 2021 CW 0767
LLC
VERSUS
ANTHONY E. FARRIS, JR., KEVIN 0. OCTOBER 01, 2021
STEED, AND FIDES CONSULTING, LLC
In Re: Brown & Root Industrial Services, LLC, applying for
supervisory writs, 19th Judicial District Court, Parish of East
Baton Rouge, No. 705222.
BEFORE: MCCLENDON, WELCH, AND THERIOT, JJ.
WRIT GRANTED. The portion of the trial court' s June 9, 2021
judgment,
which granted the Exception of No Cause of Action filed by
defendants, Anthony E. Farris, Jr., Kevin D. Steed, and Fides
Consulting, LLC, as to the claim of plaintiff, Brown & Root
Industrial Services, LLC (" Brown & Root"), for civil conspiracy is
reversed.
Generally, an exception of no cause of action should not
be maintained in part and, if there are two or more theories of
recovery that arise out of the operative facts of a single
transaction or occurrence, a partial judgment on an exception of no
cause of action should not be rendered to dismiss a theory of
recovery. See Robinson v. Wayne & Beverly Papania & Pyrenees
Investments, LLC, 2015- 1354 ( La. App. 1st Cir. 10/ 31/ 16), 207 So. 3d
566, 572, writ denied, 2016- 2113 ( La. 3/ 13/ 17), 216 So. 3d 808.
Based on our de novo review of plaintiff' s First Amended Petition
and Application for Temporary Restraining Order, Preliminary and
Permanent Injunction and for Damages, we find the plaintiff' s claims
against the defendants arise out of the same operative facts of a
single transaction or occurrence. As such, defendants improperly
brought a partial exception of no cause of action as to certain
claims.
Accordingly, the trial court improperly granted a partial
objection of no cause of action, dismissing plaintiff' s claim for
civil conspiracy.
The portion of the trial court' s June 9, 2021 judgment, which
granted the Exception of Nonjoinder filed by defendants, Anthony E.
Farris, Jr., Kevin D. Steed Fides LLC,
and Consulting, as to the
breach of contract claim of plaintiff, Brown & Root, against Kevin
D. Steed is reversed. Defendants have not proven complete relief
cannot be granted herein among those already parties or that Brown &
Root' s parent, subsidiaries, including BRIS LLC,
Engineering, and
affiliates claim an interest relating to the subject matter of this
action and are so situated that the adjudication of the action in
their absence may either impair or impede their ability to protect
that interest or leave the parties herein subject to a substantial
risk of multiple or inconsistent obligations. See La. Code Civ. P.
art. 641. Therefore, defendants' Exception of Nonjoinder as to the
plaintiff' s breach of contract claim against Kevin D. Steed is
denied.
PMC
JEW
MRT
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY C ERK OF COURT
FOR THE COURT