Juan Ramos v. Jose Luis Hermenegildo and Rosa Najera Morales

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COURT OF APPEAL, FIRST CIRCUIT

JUAN RAMOS NO. 2020 CW 0786

VERSUS

JOSE LUIS HERMENEGILDO AND OCTOBER 12, 2020
ROSE NAJERA MORALES

In Re: Rosa Najera Morales, applying for supervisory writs,

19th Judicial District Court, Parish of East Baton
Rouge, No. 677841.

BEFORE: HIGGINBOTHAM, THERIOT, AND WOLFE, JJ.

WRIT NOT CONSIDERED. This writ application fails to comply
with Uniform Rules of Louisiana Courts of Appeal, Rule 4-
5( C)( 9). The defendant, Rosa Najera Morales, failed to include a

copy of the opposition and attachments or a statement advising
no opposition was filed.

Supplementation of this writ application and/ or an

application for rehearing will not be considered. Uniform Rules
of Louisiana Courts of Appeal, Rules 4- 9& 2- 18. 7.

In the event the defendant seeks to file a new application
with this court, it must contain all pertinent documentation,

the missing items noted above, and must comply with Uniform

Rules of Louisiana Courts of Appeal, Rule 2- 12. 2. Any new
application must be filed on or before October 27, 2020, and

must contain a copy of this ruling.

Theriot, J., dissents and would grant the writ. I would

reverse the trial court' s July 23, 2020 order that denied the
exception of no cause of action filed by the defendant, Rosa
Najera Morales. Under La. Code Civ. P. arts. 2345 and 2357, the

non - incurring spouse is not personally liable for a debt
incurred by the other spouse either during the existence of the
legal regime or after its termination. Finance One of Houma,
L. L. C. v. Barton, 99- 1719 ( La. App. 1st Cir. 9/ 22/ 00), 769 So. 2d
739, 741. 1 would grant the exception of no cause of action and
dismiss the plaintiff' s, Juan Ramos' s, claims against the
defendant, Rosa Najera Morales.

COURT OF APPEAL, FIRST CIRCUIT

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DEPUTY CLERK OF COURT
FOR THE COURT