Opinion
NO. 2017 CW 0147
03-20-2017
REBECCA L. SMITH ALLEN v. JOHN D. ALLEN
In Re: Rebecca L. Smith Allen, applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. 105849. BEFORE: WHIPPLE, C.J., PETTIGREW, HIGGINBOTHAM, THERIOT AND CHUTZ, JJ.
WRIT GRANTED. The district court's judgment of December 6, 2016 which denied the exception of no cause of action filed by Rebecca Allen is reversed. The basis of the motion which sought recalculation of child support by John Allen was the motion to vacate previous child support judgment. When John Allen filed a Motion to Dismiss Rule to Vacate Previous Child Support Judgment, Request for Recalculation of Child Support and To Recuse, asserting that he wanted to "dismiss, with prejudice, all claims asserted . . . as they pertain to his Rule to Vacate Previous Child Support Judgment", and the motion to dismiss was granted, dismissing, with prejudice, "all claims asserted herein regarding Petitioner's Motion to Vacate Previous Child Support Judgment", the pending request for recalculation of child support was also dismissed. The Exception of No Cause of Action and Motion to Dismiss John D. Allen's Motion to Recalculate Support is granted.
MRT
WRC
VGW
Pettigrew and Higginbotham, JJ., dissent and would not consider the writ. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT