Opinion
2024 CW 0987
12-04-2024
DOROTHY JACKSON v. THE BOARD OF SUPERVISORS FOR THE SOUTHERN UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE
Dorothy Jackson, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 672690.
BEFORE: WOLFE, MILLER, AND GREENE, JJ.
WRIT DENIED.
The criteria set forth in Berlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam), are not met.
EW
SMM
Greene, J., dissents.
I find the plaintiff adequately pled the minimum facts sufficient to support a cause of action for abuse of rights and conspiracy because, accepting the plaintiff's allegations as true, I cannot say the facts are so unquestioned that a trial on the merits is unwarranted. See Louisiana Machinery Rentals, L.L.C, v. Kean Miller, L.L.P., 20l7-1768 (La.App. 1st Cir. 2/20/19), 2019 WL 759935 (unpublished), writ denied, 20190464 (La. 6/17/19), 274 So.3d 1260.