Opinion
NO. 2015 CW 1379
10-19-2015
IN THE INTEREST OF LPM
In Re: DHP and BWP, applying for supervisory writs, 21st Judicial District Court, Parish of Livingston, No. 141154. BEFORE: McDONALD, McCLENDON AND THERIOT, JJ.
WRIT GRANTED. After a de novo review, we find that the respondents, SM and CM, failed to state a cause of action or right of action under La. Ch. Code art. 1264. Accordingly, the August 4, 2015 ruling of the lower court denying the peremptory exception of no right of action filed by DHP and BWP, and the peremptory exception of no cause of action implicitly raised by the trial court, is reversed, and the exceptions of no cause of action and no right of action are sustained. Consequently, the judgment granting SM and CM's visitation is vacated, and this matter is remanded to the trial court with instructions that an order be issued to SM and CM, affording them the opportunity to state a cause of action and right of action, if possible, within a delay deemed reasonable by the district court pursuant to La. Code Civ. P. art. 934.
JMM
PMc
MRT
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT