Priscilla Duet and Curtis Duet, husband and wife v. Caleb Land Corporation

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

PRISCILLA DUET AND CURTIS NO. 2022 CW 1198
DUET, HUSBAND AND WIFE

VERSUS

CALEB LAND CORPORATION APRIL 12, 2023

In Re: Caleb Land Corporation, applying for supervisory
writs, 17th Judicial District Court, Parish of
Lafourche, No. 143161.

BEFORE: McCLENDON, HOLDRIDGE, AND GREEjNE, JJ.

WRIT GRANTED IN PART AND DENIED INI PART. The portion of the
district court's October 5, 2022 judgmeht that denied Caleb Land
Corporation's motion to file a reconventional demand against
plaintiffs, Priscilla Duet and Curtis Duet, in its proposed
third supplemental and amended pleading is reversed in part.
Portions of the proposed pleading with respect to the
reconventional demand may constitute compulsory reconventional
demands, arising out of the transaction or occurrence that is
the subject matter of the principal action. See La. Code Civ. P.
art. 1061 (B). Therefore, to the extent the pleading asserted
compulsory reconventional demands, the district court abused its
discretion in denying the motion which sought leave to file the
reconventional demand, and the motion is granted in part to
allow the filing of the reconventional demand in the third
supplemental and amended pleading to the extent it asserts a
compulsory reconventional demand. The writ is denied in all
other respects.

PMc
GH
HG

COURT OF APPEAL, FIRST CIRCUIT

O\.c.D
DEPUTY CLERK OF COURT
FOR THE COURT