Opinion
NO. 2017 CW 0156
03-20-2017
PATRICK M. FULLER v. JAIME HYDE YOUNGER
In Re: Patrick M. Fuller, applying for supervisory writs, 21st Judicial District Court, Parish of Livingston, No. 150411. BEFORE: HIGGINBOTHAM, THERIOT AND CHUTZ, JJ.
WRIT DENIED ON THE SHOWING MADE.
WRC
Theriot, J., concurs and would deny the writ.
Higginbotham, J., dissents and would grant the writ. Because a plaintiff has the right to institute an action against a defendant in the first instance, such a plaintiff has the corresponding right to dismiss the action with prejudice if he so chooses. Therefore, we conclude the district court had no authority or discretion to refuse to grant a judgment of dismissal with prejudice upon application by the plaintiff. La. Code Civ. P. art. 1671; Vardaman v. Baker Center, Inc., 96-831 (La. App. 1st Cir. 2/14/97), 689 So.2d 667, 670. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT