Opinion
2023 CW 0100
04-17-2023
IN RE INTERDICTION OF SHIRLEY M. TURNER
Shirley M. Turner, applying 21st Judicial District Court, for supervisory writs, Parish of Livingston, No. 173,396.
BEFORE: McCLENDON, HOLDRIDGE, AND GREENE, JJ.
WRIT DENIED. The petition in this case clearly states a cause of action for Interdiction. See La. Civ. Code art. 389 and La. Code Civ. P. art. 4541. The relator could have filed a dilatory exception raising the objection of nonconformity of the petition with the requirements of La. Code Civ. P. art. 4541. Since that objection was not filed by the relator with or prior to the filing of the peremptory exception, it is waived. La. Code Civ. P. art. 928. However, evidence may be introduced at the hearing on the interdiction as to whether less restrictive means other than full interdiction are available or whether a limited interdiction would be appropriate.
GH
HG
McClendon, J., dissents and would grant the writ. Plaintiff, Sherry Foster, failed to set forth with particularity the less restrictive means for meeting Shirley Turner's needs that were considered or implemented prior to the filing for interdiction, or the reason less restrictive means were not considered or implemented or the reason a less restrictive means is insufficient to meet her needs in accordance with La. Code Civ. P. art. 4541(A) (11). I would grant the exception of no cause of action filed by Shirley Turner and remand to the district court with instruction to allow plaintiff an opportunity to amend the petition to remove the grounds of the objection. See La. Code Civ. P. art. 934.