Opinion
NO. 2015 CW 0793
09-09-2015
CHIEF JAMES P. GROGAN, IV (USN RET.) v. STATE OF LOUISIANA, DEPARTMENT OF EDUCATION, THROUGH THE RECOVERY SCHOOL DISTRICT
In Re: State of Louisiana, Department of Education, through the Recovery School District, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 622596. BEFORE: WHIPPLE, C.J., WELCH AND DRAKE, JJ.
WRIT GRANTED IN PART WITH ORDER. The April 20, 2015 district court ruling, denying the Peremptory Exception of No Cause of Action filed by defendant State of Louisiana, Department of Education Through the Recovery School District is hereby reversed, and judgment is entered in favor of the defendant, sustaining the exception of no cause of action and dismissing the plaintiff's claims. See La. R.S. 42:421; La. Civ. Serv. Rule 11.10. This matter is remanded to the trial court with instructions that an order be issued to the plaintiff, Chief James P. Grogan, IV (USN Ret.), affording him the opportunity to state a cause of action, if possible, within a delay deemed reasonable by the district court pursuant to La. Code Civ. P. art. 934.
VGW
EGD
Welch, J., concurs in part and dissents in part. Because the grounds of the Peremptory Exception of No Cause of Action cannot here be removed, I would not allow relator the opportunity to amend his petition to state a cause of action. In all other respects, I concur with the ruling of the majority. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT