Brett Harris and Kendell Harris v. Livingston Parish Sewer District and XYZ Insurance

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
BRETT HARRIS AND KENDELL NO. 2019 CW 1507
HARRIS
VERSUS
LIVINGSTON PARISH SEWER FEB 18 2020
DISTRICT AND XYZ INSURANCE
In Re: Brett and Kendell Harris, for
applying supervisory
writs, 21st Judicial District Court, Parish of
Livingston, No. 160425.
BEFORE: HIGGINBOTHAM, PENZATO, AND LANIER, JJ.
WRIT GRANTED. The portion of the trial court' s August 6,
2019 judgment granting the exception of no cause of action as to
the claims of taking and/ or inverse condemnation of the property
owned
by the plaintiffs, Brett Harris and Kendell Harris, is
reversed.
Generally, an exception of no cause of action should
not be maintained in part and, if there are two or more theories
of
recovery that arise out of the operative facts of a single
transaction or occurrence, a partial judgment on an exception of
no cause of action should not be rendered to dismiss a theory of
recovery. See Everything on Wheels Subaru, Inc. v. Subaru
South, Inc., 616 So. 2d 1234 ( La. 1993). Based on our de novo
review of relators' petition, we find that the plaintiffs'
claims against the defendant arise out of the same operative
facts of a single transaction or occurrence. As such, the trial
court
improperly granted partial objection of no cause of
action,
thereby dismissing certain theories of
recovery. The
exception of no cause filed the defendant,
of action by
Livingston Parish Sewer District, is hereby denied.
TME
AHP
WIL
COURT OF APPEAL, FIRST CIRCUIT
V
DEPUTY CL R OF COURT
FOR THE COURT