2019CW0603 Nonprecedential Processed

Kelvin Wells and on Treasure Wells, Bethany Wells, Patrick Wells v. Ronnie Bullion, Debra Dorsey, Doug Welborn

Louisiana Court of Appeal, First Circuit · Filed September 30, 2019

Also decided on this docket: La. Ct. App. 1st Cir., January 22, 2020

Authorities cited

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Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

KELVIN WELLS AND ON TREASURE NO. 2019 CW 0603
WELLS, BETHANY WELLS,
PATRICK WELLS

VERSUS

RONNIE BULLION, DEBRA
SEP 3 0 2019
DORSEY, DOUG WELBORN

In Re: Kelvin Wells, for
applying supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge,
No. 669962.

BEFORE: MCDONALD, THERIOT, AND CHUTZ, JJ.

WRIT GRANTED WITH ORDER. The district court' s April 10,
2019 judgment the
granting Peremptory Exception of No Cause of
Action filed by Ronnie Bullion and dismissing the petition of
Plaintiff, Kelvin Wells, as to Mr. Bullion with prejudice is a
final judgment. La. Code Civ. P. 1915( A)(
art. 1). When an
unrestricted appeal is taken from a final judgment determinative
of the merits,
an appellant is generally entitled to seek review
of all adverse
interlocutory judgments prejudicial to him, in
addition to the review of the final judgment. See State ex rel.
Div. of Admin., Office of Risk Management v. National Union Fire
Ins. Co. of Louisiana, 2010- 0689 ( La. App. 1st Cir. 2/ 11/ 11), 56
So - 3d 1236, 1242 n. 6, writ denied, 2011- 0849 ( La. 6/ 3/ 11), 63
So. 3d 1023
. Therefore, it is hereby ordered that this case be
remanded to the district court with instruction to grant Kelvin
Wells an appeal pursuant to the April 5,
2019 pleading notifying
the district court of the relator' s intention to seek writs.
See In re Howard, 541 So. 2d 195 ( La. 1989) ( per curiam) .
A copy
of this court' s action is to be included in the appellate
record.

imm
MRT
WRC

COURT OF APPEAL, FIRST CIRCUIT

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DEPUTY CLE K F COURT
FOR THE COURT