Opinion
No. 2009-CJ-2718.
February 26, 2010.
Prior report: La.App., 20 So.3d 576.
In re Piccione, Susan Elizabeth Jackson; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. M, No. 99-3217; to the Court of Appeal, Third Circuit, No. 09-300.
Denied.
KNOLL, J., additionally concurs in the denial. The court of appeal reached the correct result in finding the father states a cause of action for a modification of physical custody. Any discussion regarding the applicable burden of proof at the hearing is dicta.
WEIMER, J., would grant.