Eric Wright v. Troynel Wright

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

ERIC WRIGHT NO. 2019 CW 0831

VERSUS

TROYNEL WRIGHT
SEP 032019

In Re: Eric Wright, applying for supervisory writs, 23rd
Judicial District Court, Parish of Ascension, No.

97120.

BEFORE: HIGGINBOTHAM, PENZATO, AND LANIER, JJ.

WRIT GRANTED. The trial court' s May 31, 2019 judgment

granting an exception raising the objection of no cause of

action, in part, against relator, Eric Wright, and in favor of

Troynel Wright, is reversed. Accepting all well -pleaded

allegations of fact as true, as we must, we find that Mr. Wright

has sufficiently stated a cause of action to modify custody.
Cole v. Cole, 2018- 0523 ( La. App. 1st Cir. 9/ 21/ 18), 264 So. 3d
537, 542 ( The function of an exception raising the objection of
no cause of action is to test the legal sufficiency of the

petition by determining whether the law affords a remedy on the

facts alleged in the pleading.) Therefore, the trial court' s May
31, 2019 judgment is reversed, and Troynel Wright' s exception

raising the objection of no cause of action is denied.

TMH
AHP
WIL

COURT OF APPEAL, FIRST CIRCUIT

DE U Y CLERK OF COUR
FOR THE COURT