Opinion
NO. 2016 CW 1501
03-21-2017
MICHEL BENJAMIN JOSEPH, JR. AND CATHERINE COLLINS JOSEPH v. DAVID RICHARDSON BUILDER, INC.
In Re: Enviro-Clean Services, Inc., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 622121. BEFORE: HIGGINBOTHAM, THERIOT AND CHUTZ, JJ.
WRIT GRANTED. The trial court erred in denying the exception raising the objection of no right of action filed by Enviro-Clean Services, Inc. A review of the third-party petition and the evidence presented at the hearing in the lower court does not support a finding that David Richardson Builder, Inc. has a right of action against Enviro-Clean Services, Inc. based on contractual or implied/tort indemnity or on contribution. See Nassif v. Sunrise Homes, Inc., 98-3193 (La. 6/29/99), 739 So.2d 183; Dennis v. The Finish Line, Inc., 99-1413 (La. App. 1st Cir. 12/22/00), 781 So.2d 12, 44, writ denied, 2001-0214 (La. 3/16/01), 787 So.2d 319. Accordingly, that portion of the judgment pertaining to the ruling on the exception is vacated and this matter is remanded to the trial court with instructions to allow David Richardson Builder, Inc. an opportunity to amend the third-party petition as to the claims against Enviro-Clean Services, Inc., in accordance with the provisions of La. Code Civ. P. art. 934. The issues regarding the motion for summary judgment are pretermitted.
MRT
WRC
TMH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT