The opinion
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
KHOWLA JATALA NO. 2020 CW 0295
VERSUS
LOUISIANA BEHAVIOR ANALYST JUNE 11, 2020
BOARD
In Re: The Louisiana Behavior Analyst Board, for
applying
supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 682201.
BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.
WRIT DENIED. See Expert Riser Solutions, LLC v. Techcrane
International, LLC, 2018- 0612 ( La. App. 1st Cir. 12/ 28/ 18), 270
So. 3d 655, 663.
PMc
JEW
Holdridge, J., dissents and would grant the writ. I
disagree with the denial of the exception of no cause of action
and think the majority is in error in not a partial
allowing
exception of no cause of action in this case. It is true that,
prior to 1997, the cases did not allow a judgment granting only
a partial exception of no cause See
of action.
Everything on
Wheels Subaru, Inc. v. Subaru South, Inc., 616 So. 2d 1234 ( La.
1993). However, in 1997, the legislature authorized a partial
judgment that " sustains an exception in part, as to one or more
but less than all of the claims, demands, issues, or theories
against a party." La. Code Civ. P. art. 1915( B)( 1). " This
amendment ...
judgment granting a partial exception
authorizes a
of no cause
importantly,
of action;
this amendment provides
certainty as to the immediate appealability of such a judgment."
Frank L. Maraist, Louisiana Civil Law Treatise; Civil Procedure,
Vol. I, § 6. 7, pp. 172- 173 ( 2d ed. 2008). Legislation is a
solemn expression of legislative will. La. Civ. Code art. 2.
Accordingly, 1 respectfully dissent.
COURT OF APPEAL, FIRST CIRCUIT
EPUTY CL OF COURT
FOR THE COURT