George W. Wolfe II v. Lindsey Renee Breaud

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

GEORGE W. WOLFE, II NO. 2021 CW 0061

VERSUS

LINDSEY RENEE BREAUD 2021
MARCH 041

In Re: Renee
Lindsey Breaud, applying for supervisory writs,

23rd Judicial District Court, Parish of Ascension, No.
115954.

BEFORE: GUIDRY, MCCLENDON, AND LANIER, JJ.

WRIT DENIED. We also note that the district court' s
December 10, 2020 judgment resulted in an impermissible partial
grant of an exception of no cause of action. See Cole v. Cole,
2018- 0523 ( La. App. 1st Cir. 9/ 21/ 18), 264 So. 3d 537, 542 (" When
a petition states
a cause of action as to any ground or portion
of the demand, an exception raising the objection of no cause of
action must be overruled. Thus, if the petition sets forth a
cause of action, none of the other causes of action may be
dismissed based on an exception pleading the objection of no
cause of action.")

PMc
WIL

Guidry, J., dissents and would grant the writ and reverse
the portion of the district court' s December 10, 2020 judgment
which denied the exception of no cause of action filed by
Lindsey Breaud as to Mr. Wolfe' s allegation that it is in the
minor child' s best interest to spend more time with him. These
factual allegations set forth in the Amended Rule for
Modification of Custody are insufficient to meet the burden for
modification of a consent custody decree to establish a material
change in circumstances that affects the welfare of the child,

and that the proposed modification would be in the best interest
of the child. Richard v. Richard, 2009- 0299 ( La. App. 1st Cir.
6/ 12/ 09), 20 So. 3d 1061, 1066; Paxton v. Paxton, 2016- 1379 ( La.
App. 1st Cir. 10/ 25/ 17), 2017 WL 4800696 ( unpublished). I would
grant the exception of no cause of action and dismiss the claims
of George Wolfe, III asserted in the Amended Rule for
Modification of Custody. I further note that, while the district
court impermissibly rendered a partial judgment on the exception
of no cause of action, no review was sought of the portion of
that
judgment which partially granted the exception of no cause
of action. Moreover, the grant of this writ application would

result in a grant of such exception in its entirety.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT