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In re LPM

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Oct 19, 2015
NO. 2015 CW 1379 (La. Ct. App. Oct. 19, 2015)

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


Summaries of

In re LPM

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Oct 19, 2015
NO. 2015 CW 1379 (La. Ct. App. Oct. 19, 2015)
Case details for

In re LPM

Case Details

Full title:IN THE INTEREST OF LPM

Court:STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: Oct 19, 2015

Citations

NO. 2015 CW 1379 (La. Ct. App. Oct. 19, 2015)