Opinion

Garrison v. James Construction Group, LLC

  • 2014 La.App. 1 Cir. 0761
  • 174 So. 3d 15
  • 2015 La. App. LEXIS 924
  • 2015 WL 2126809
Court
Louisiana Court of Appeal
Filed
May 6, 2015
Status
Published
Author
Theriot
On the bench
Chutz, Crain, Guidry, Higginbotham, Holdridge, McClendon, McDonald, Pettigrew, Theriot, Welch, Whipple
Cited by
11 cases

The opinion

THERIOT, J.

agreeing in part and dissenting in part.

_JjI agree with the reversal of the trial court judgment regarding the exception of res judicata.

I disagree with the majority opinion regarding the exception of no right of action. I agree and adopt the reasoning of my colleague, J. Holdridge, and his analysis of the exception of no right of action. However, in this particular case, rather than affirm the trial court judgment sustaining the exception of no right of action, I find it is appropriate to remand the matter to the trial court for a hearing in order to afford Mrs. Garrison the opportunity to controvert the exception of no right of action.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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