Rick Sutton v. J Ack Adams And Maison Royale, Llc

Supreme Court of Louisiana
March 07, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
RICK SUTTON
VS.
J
ACK ADAMS AND MAISON ROYALE, LLC
No. 2022-C-01673
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I
N RE: Rick Sutton - Applicant Plaintiff; Applying For Writ Of Certiorari, Parish of
Orleans Civil, Orleans Civil District Court Number(s) 2015-03495, Court of Appeal,
Fourth Circuit, Number(s) 2019-CA-0975;
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March 07, 2023
Writ application granted. See per curiam.
JDH
JLW
SJC
JTG
WJC
JBM
PDG
03/07/2023 "See News Release 012 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2022-C- 01673
RICK SUTTON
vs.
JACK ADAMS AND MAISON ROYALE, LLC
On Writ of Certiorari to the Court of Appeal, Fourth Circuit,
Parish of Orleans Civil
PERCURIAM
Writ granted. In this application, the applicant seeks review of the dismissal
of his Petition for Unpaid Wages via exceptions ofno right of action and no cause
of action, with prejudice, and without an opportunity to amend. In his petition, the
applicant alleged that he was hired by Maison Royale, LLC and Jack Adams in 2012,
and that he was paid a weekly salary until October 10, 2014, at which time Adams
ceased paying him. Applicant alleged that he was owed unpaid wages, vacation pay,
and other benefits, as well as penalty wages and attorneys' fees. The Fourth Circuit
Court of Appeal affirmed the judgment of the Orleans Parish Civil District Court,
finding that, "although [applicant] alleges that he was hired as an employee by
defendants, [applicant] fails to allege that the employment relationship ceased to
exist." Therefore, the Fourth Circuit found that the applicant's allegations not only
failed to state a cause of action under the Louisiana Wage Payment Act, LSA-R.S.
22:631, et seq., but that, under his own factual allegations, the applicant therefore
does not belong to the class of persons to whom LSA-R.S. 22:631 provides a cause
of action. As such, the Fourth Circuit found no error in the district court's judgment
granting the exceptions of no right of action and no cause of action.
Moreover, as for the dismissal of the applicant's petition with prejudice and
without an opportunity to amend, the Fourth Circuit upheld the district court's
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03/07/2023