Jerri G. Smitko v. Marissa Achee and Kiel Theriot, II

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

JERRI G. SMITKO NO. 2020 CW 0510

VERSUS

MARISSA A. ACHEE, KIEL
JUNE 18, 2020
THERIOT, II

In Re: Kiel and Jessica Theriot, for
applying supervisory
writs, 32nd Judicial District Court, Parish of

Terrebonne, No. 185476.

BEFORE: GUIDRY, McDONALD, WELCH, CHUTZ, AND BURRIS, 1 JJ.

REQUEST FOR STAY DENIED; WRIT GRANTED. The portion of the
trial court' s May 22, 2020 judgment which pretermitted the
exception of no right of action and continued the hearing to
June 19, 2020 is reversed. Relators herein, Kiel and Jessica
Theriot,
issue
the grandparents of the minor child whose custody is at
herein falls within the class of persons entitled to
assert a claim for custody pursuant to La. Civ. Code art. 133.
The exception of no right of action filed by Jerri Smitko to the
petition of intervention filed by relators is denied.

JMG
JMM
JEW
WRC
WJB

COURT OF APPEAL, FIRST CIRCUIT

RA 4- U'TY CLERK OF COURT
FOR THE COURT

Judge William J. Burris, retired,
serving pro tempore by special appointment
of the Louisiana Supreme Court.