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Fuller v. Younger

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Mar 20, 2017
NO. 2017 CW 0156 (La. Ct. App. Mar. 20, 2017)

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


Summaries of

Fuller v. Younger

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Mar 20, 2017
NO. 2017 CW 0156 (La. Ct. App. Mar. 20, 2017)
Case details for

Fuller v. Younger

Case Details

Full title:PATRICK M. FULLER v. JAIME HYDE YOUNGER

Court:STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: Mar 20, 2017

Citations

NO. 2017 CW 0156 (La. Ct. App. Mar. 20, 2017)