DYLAN CAIN DUPLANTIS v. KORTNEY RAE FONTENOT DUPLANTIS (2025)

Writ application granted. See per curiam.

JDH

JLW

JTK

WJC

JBM

PDG

JMG

Supreme Court of Louisiana February 25, 2025

SUPREME COURT OF LOUISIANA

No. 2024-OC-1527

DYLAN CAIN DUPLANTIS

VS.

KORTNEY RAE FONTENOT DUPLANTIS

On Supervisory Writ to the Court of Appeal, Third Circuit, Parish of Jefferson Davis

PER CURIAM

It is well settled that appeals are favored in the law. Chauvin v. Shell Oil Co., 2017-0043 (La. 3/31/17), 214 So. 3d 855; Shell Pipeline Corp. v. Kennedy, 2000-3207 (La. 10/16/01), 799 So. 2d 475, 478; General Motors Acceptance Corp. v. Deep South Pest Control Inc., 247 La. 625, 173 So.2d 190, 191 (1965).

Unless the ground urged for dismissal is free from doubt, the appeal should be maintained. Schiff v. Pugh, 2022-00210 (La. 4/12/22), 335 So. 3d 830; Jackson v. Family Dollar Stores of Louisiana Inc., 2018-0170 (La. 6/27/18), 251 So. 3d 368, 372; U.S. Fire Insurance Co. v. Swann, 424 So.2d 240, 244-45 (La. 1982).

Based upon our review, we find the grounds cited by the court of appeal for dismissal of the appeal are not free from doubt. The court of appeal therefore erred in dismissing the appeal.

Accordingly, the writ is granted. The judgment of the court of appeal dismissing the appeal is vacated, and the appeal is reinstated. The case is remanded to the court of appeal for consideration of the appeal on the merits.