Beau Higginbotham v. Doug Welborn, in his official capacity as Clerk of Court for East Baton Rouge

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
BEAU HIGGINBOTHAM NO. 2021 CW 0308
VERSUS
DOUG WELBORN, IN HIS
OFFICIAL CAPACITY AS CLERK
OF COURT FOR EAST BATON APRIL 9, 2021
ROUGE PARISH

In Re: Beau Higginbotham, applying for supervisory writs,
19th Judicial District Court, Parish of East Baton
Rouge, No. 703011.

BEFORE: CHUTZ, LANIER, AND WOLFE, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. The portion of
the district court's February 2, 2021 judgment which granted the
exception of no cause of action filed by Doug Welborn, in his
official capacity as Clerk of Court for East Baton Rouge Parish,
as to the request for a writ of mandamus is reversed. The grant
of the exception of no cause of action as to one theory of
recovery resulted in an impermissible partial grant of an
exception of no cause of action. If there are two or more items
of damages or theories of recovery that arise out of the
operative facts of a single transaction or occurrence, a partial
judgment on an exception of no cause of action should not be
rendered to dismiss an item of damages or theory of recovery.
Robinson v. Wayne & Bever1y Papania & Pyrenees Invs., LLC, 2015-
1354 (La. App. 1st Cir. 10/31/16), 207 So.3d 566, 572, writ
denied, 2016-2113 (La. 3/13/17), 216 So.3d 808. The exception
of no cause of action is denied. The writ application is denied
in all other respects.
WRC
WIL
EW

COURT OF APPEAL; FIRST CIRCUIT

D PUTY CLERK OF COURT
FOR THE COURT