# Garrison v. James Construction Group, LLC

> Louisiana Court of Appeal · May 6, 2015 · 2014 La.App. 1 Cir. 0761

URL: https://www.frixlaw.com/law-library/cases/4821974

## Case

- **Full name:** Trena GARRISON and Thomas Garrison v. JAMES CONSTRUCTION GROUP, LLC and XYZ Insurance Company
- **Court:** Louisiana Court of Appeal
- **Decided:** May 6, 2015
- **Citations:** 2014 La.App. 1 Cir. 0761; 174 So. 3d 15; 2015 La. App. LEXIS 924; 2015 WL 2126809
- **Precedential status:** Published
- **Opinion:** Dissent by Theriot
- **Judges:** Chutz, Crain, Guidry, Higginbotham, Holdridge, McClendon, McDonald, Pettigrew, Theriot, Welch, Whipple
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4821974

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4821974. Public record. Not legal advice.