From Casetext: Smarter Legal Research

Didier v. Simmons

SUPREME COURT OF LOUISIANA
Sep 29, 2020
No. 2020-C-0700 (La. Sep. 29, 2020)

Opinion

No. 2020-C-0700

09-29-2020

BELTON JOSEPH DIDIER AND DARE POWERS DIDIER v. MARK RANDOLPH SIMMONS


ON WRIT OF CERTIORARI TO THE 1ST CIRCUIT COURT OF APPEAL, PARISH OF EAST BATON ROUGE

Crichton, J., would grant and assigns reasons. I would grant the plaintiffs' writ and reverse the lower courts as to the peremptory exception of no cause of action, thereby obviating the need for amendment of the plaintiffs' petition. In my view, when treating the factual allegations of the petition as true and resolving doubts in favor of the plaintiffs (C.C.P. art. 865), the petition sufficiently alleges a cause of action pursuant to C.C. art. 1557 to survive the peremptory exception.


Summaries of

Didier v. Simmons

SUPREME COURT OF LOUISIANA
Sep 29, 2020
No. 2020-C-0700 (La. Sep. 29, 2020)
Case details for

Didier v. Simmons

Case Details

Full title:BELTON JOSEPH DIDIER AND DARE POWERS DIDIER v. MARK RANDOLPH SIMMONS

Court:SUPREME COURT OF LOUISIANA

Date published: Sep 29, 2020

Citations

No. 2020-C-0700 (La. Sep. 29, 2020)