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Baton Rouge Physical Med. & Rehab, LLC v. Kannon

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Sep 16, 2014
NO. 2014 CW 1011 (La. Ct. App. Sep. 16, 2014)

Opinion

NO. 2014 CW 1011

09-16-2014

BATON ROUGE PHYSICAL MEDICINE & REHAB, LLC AND SUZANNE UTRERA v. CAREY KANNON


In Re: Cary Kannon, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 604363.

BEFORE: KUHN, PETTIGREW AND WELCH, JJ.

WRIT GRANTED AND REMANDED. The trial court's May 29, 2014 judgment, denying defendant's Peremptory Exception of No Right of Action, is hereby reversed and judgment is entered in favor of the relator. Baton Rouge Physical Medicine, LLC does not have a real or actual interest to cancel the lease or to demand damages for the alleged breach of the lease. See Estate of Mayeaux v. Glover, 2008-2031, 2008-2032, 2008-2033 (La. App. 1st Cir. 1/12/10), 31 So.3d 1090, writ denied, 2010-0312 (La. 4/16/10), 31 So.3d 1069. Therefore, the writ is granted and this matter is remanded to the trial court with instructions to allow respondent 30 days to amend her petition pursuant to La. C.C.P. art. 934.

JTP

JEW

JEK

COURT OF APPEAL, FIRST CIRCUIT /s/_________

DEPUTY CLERK OF COURT

FOR THE COURT


Summaries of

Baton Rouge Physical Med. & Rehab, LLC v. Kannon

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Sep 16, 2014
NO. 2014 CW 1011 (La. Ct. App. Sep. 16, 2014)
Case details for

Baton Rouge Physical Med. & Rehab, LLC v. Kannon

Case Details

Full title:BATON ROUGE PHYSICAL MEDICINE & REHAB, LLC AND SUZANNE UTRERA v. CAREY…

Court:STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: Sep 16, 2014

Citations

NO. 2014 CW 1011 (La. Ct. App. Sep. 16, 2014)