GLENDA BANDARIES PICKETT v. ROY LAYNE PICKETT (2023)

Writ application granted. See per curiam.

JLW

SJC

JTG

WJC

JBM

PDG

Hughes, J., would deny.

Supreme Court of Louisiana November 15, 2023

SUPREME COURT OF LOUISIANA

No. 2023-CC-01374

GLENDA BANDARIES PICKETT

VS.

ROY LAYNE PICKETT

November 15, 2023

On Writ of Certiorari to the Court of Appeal, Third Circuit, Parish of Lafayette

PER CURIUM

The sole issue in this case before us is whether the trial court correctly denied Defendant's exception of no right of action. The court of appeal granted Defendant's writ, reversed the trial court's denial of Defendant's exception of no right of action, granted Defendant's exception of no right of action, and denied rehearing.

The function of an exception of no right of action is to determine whether plaintiff belongs to the class of persons to whom the law grants the cause of action asserted in the petition. La.Code Civ.P. art. 927; Dering v. Dering, 21-691 (La. 10/1/21), 324 So.3d 1042 (citing Turner v. Busby, 03-3444 (La. 9/9/04), 883 So.2d 412). The exception of no right of action serves to question whether the plaintiff in the particular case is a member of the class of persons that has a legal interest in the subject matter of the litigation. Id. Unquestionably, the Plaintiff herein is the proper party to bring an action testing the validity of a marriage contract between herself and Defendant.

Therefore, the court of appeal erred in reversing the trial court's denial of Defendant's exception of no right of action. Consequently, we reverse the court of appeal judgment, reinstate the trial court's judgment denying Defendant's exception of no right of action, and remand for further proceedings.

COURT OF APPEAL JUDGMENT REVERSED; DISTRICT COURT JUDGMENT REINSTATED; AND REMANDED.