Opinion
NO. 2015 CW 0561
07-29-2015
IN THE MATTER OF THE SUCCESSION OF GENITA SCHORLING POOLE ENID POOLE GORINGE AND ERIN M. POOLE V. ASHLEY POOLE FUSELIER
In Re: Ashley Poole Fuselier, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2012-30067 c/w 2013-14854 c/w 2014-11911. BEFORE: WELCH, DRAKE AND HOLDRIDGE, JJ. WRIT GRANTED WITH ORDER. The March 5, 2015 judgment of the trial court granting the Exception of Prescription and Judgment on the Pleadings is reversed and the matter is remanded to the trial court in order for an evidentiary hearing to be held. La. C.C.P. arts. 931, 2164. Assuming all of the allegations of the third party demand are true, there is no basis to render a Judgment on the Pleadings. La. C.C.P. art. 965. Therefore, the Motion for Judgment on the Pleadings is hereby denied.
EGD
GH
JEW
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT