Yvette David Pacaccio, Individually and as agent for Brendan Joseph David v. Steven P. Hoover, Melanie P. Hoover, Edwin Hoover, and Peggy Hoover

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

YVETTE DAVID PACACCIO, NO. 2020 CW 1124
INDIVIDUALLY AND AS AGENT
FOR BRENDAN JOSEPH DAVID

VERSUS

STEVEN P. HOOVER, MELANIE P.
HOOVER, EDWIN HOOVER, AND
DECEMBER 30, 2020
PEGGY HOOVER

In Re: Yvette Pacaccio, individually as as agent for Brendan
Joseph David, applying for writs, 21st
supervisory
Judicial District Court, Parish of Tangipahoa, No.
2020- 0001195.

BEFORE: GUIDRY, HIGGINBOTHAM, AND LANIER, JJ.

WRIT GRANTED. The relator, Yvette David Pacaccio' s,
individual claims for in this based
recovery matter are on a

single occurrence or set of operative facts. The trial court' s
September 21, 2020 judgment partially granting the respondents'

peremptory exception of no right of action did not dismiss all
of the relator' s individual claims, and therefore, the judgment
constitutes an impermissible partial judgment. See State, by &
through Caldwell v. Astra Zeneca AB, 2016- 1073 ( La. App. 1st
Cir. 4/ 11/ 18), 249 So. 3d 38, 43, ( en Banc) denied,
writs 2018-
00766, 2018- 0758 ( La. 9/ 21/ 18), 252 So. 3d 899, 904.
Accordingly, we reverse the portion of the trial court' s
judgment granting the respondents' peremptory exception of no

right of action as to the relator' s loss of consortium, services

and society claims, and deny the exception.

JMG
TMH
WIL

COURT OF APPEAL, FIRS CIRCUIT

D PUT LE K OF CO T
FOR THE COURT