Opinion
NO. 2017 CW 0913
08-22-2017
THE STATE OF LOUISIANA, THROUGH THE DIVISION OF ADMINISTRATION v. ICF EMERGENCY MANAGEMENT SERVICES, LLC
In Re: State of Louisiana, through the Department of Administration, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 649,023. BEFORE: WHIPPLE, C.J., McDONALD AND CHUTZ, JJ.
STAY DENIED; WRIT GRANTED IN PART, DENIED IN PART. The trial court's May 23, 2017 judgment, which overruled the peremptory exceptions of no cause of action and no right of action filed by the plaintiff, the State of Louisiana, through the Division of Administration, is hereby reversed. An intervenor takes the proceedings as he finds them and cannot change the issues between the parties or raise new ones. See IberiaBank v. Live Oak Circle Dev., L.L.C., 2012-1636 (La. App. 1st Cir. 5/13/13), 118 So.3d 27, 32. Here, intervenor Stanley J. Cohn is expanding the scope of the underlying lawsuit by seeking a declaration of his rights under the 2006 contract between the State of Louisiana and defendant ICF Emergency Management Services, LLC. As the underlying action is not declaratory, Cohn has no right or cause of action. His rights are confined to joining or resisting either the plaintiff or the defendant, or to opposing both. Id. Because this dismissal is not determinative of the merits of Cohn's intervention, such dismissal is without prejudice. See La. Code Civ. P. arts. 1673 and 1841. The May 23, 2017 judgment is affirmed in all other respects.
VGW
JMM
WRC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT