Opinion
NO. 2018 CW 0352
07-24-2018
WASTE AWAY CONSULTING, LLC, EFFICIENT WASTE SOLUTIONS, INC. AND ENVIROSOURCE WASTE SOLUTIONS, LLC v. ENVIRONMENTAL WASTE SOLUTIONS, LLC, DARWYN WILLIAMS AND DONNA FOTHERGILL
In Re: Waste Away Consulting, LLC, Envirosource Waste Solutions, LLC, Efficient Waste Solutions, Inc., Cahana EWS, LLC, Sustainable Waste and Recycling Solutions, LLC, Environmental Cost Solutions, LLC, Denise Luczak, d/b/a Environmental Waste Management and Ecovantage Waste Consulting, LLC, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 658573. BEFORE: THERIOT, CHUTZ AND PENZATO, JJ.
WRIT GRANTED IN PART WITH ORDER AND DENIED IN PART. The trial court erred in failing to include decretal language in its judgment maintaining defendants' exceptions of no right of action, no cause of action, vagueness, nonconformity, and want of amicable demand. We cannot conclude whether the trial court considered whether to give plaintiffs the opportunity to amend their petition to remove the grounds for objections if possible for all exceptions or only as to one of the exceptions of no right of action. Further, we cannot determine from the judgment which portions of the judgment are directed to which defendants. Accordingly, we grant the writ in this regard only. We remand this matter to the trial court for entry of appropriate decretal language in connection with its rulings, either dismissing some or all of the defendants or giving the plaintiffs the opportunity to amend their petition to remove the grounds of the objections if possible. See La. Code Civ. P. arts. 933(B) & 934. We deny the writ in all other respects.
AHP
MRT
WRC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT