Opinion
No. 2006 CA 0457.
December 28, 2006.
On Appeal from the 22nd Judicial District Court, In and for the Parish of Washington, State of Louisiana, Trial Court No. 81,214, Honorable William J. Knight, Judge Presiding.
Stephen A. Yazbeck, Covington, LA, Attorney for Plaintiff/Appellant, Kendall Bickham.
Kevin M. McGlone, James M. Garner, Darnell Bludworth, New Orleans, LA, Attorneys for Defendant/Appellee, Deutsche Bank Trust Company Americas.
Craig J. Robichaux, Mandeville, LA, Attorney for Defendant/Appellee, Gaylord Container Corporation.
BEFORE: CARTER, C.J., WHIPPLE AND McDONALD, JJ.
Kendall Bickham appeals a judgment sustaining a peremptory exception raising the objection of no cause of action and dismissing his claims against Deutsche Bank Trust Company Americas. After reviewing the record herein, we agree that Bickham has failed to allege specific facts within the four corners of the petition and amended petition to show that he has a cause of action upon which relief and judgment may be granted against Deutsche Bank Trust Company Americas. Cf. Wells v. Flitter, 05-2525 (La.App. 1 Cir. 9/27/06), ___ So.2d ___, ___. Accordingly, we affirm the judgment of the trial court in accordance with URCA Rule 2-16.2A(6). Costs of this appeal are assessed to Kendall Bickham.
The trial court's judgment also sustained a dilatory exception raising the objection of vagueness. However, Bickham has not complained of that ruling on appeal. Moreover, consideration of that issue is mooted by our decision regarding the peremptory exception raising the objection of no cause of action.