Glenda Bandaries Pickett v. Roy Layne Pickett

Supreme Court of Louisiana
November 15, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
GLENDA BANDARIES PICKETT
VS.
ROY LAYNE PICKETT
No. 2023-CC-01374
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I
N RE: Glenda Bandaries Pickett - Applicant Plaintiff; Applying For Writ Of
Certiorari, Parish of Lafayette, 15th Judicial District Court Number(s) 2022- 2747,
Court of Appeal, Third Circuit, Number(s) CW 23-00296;
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November 15, 2023
Writ application granted. See per curiam.
Hughes, J., would deny.
JLW
SJC
JTG
WJC
JBM
PDG
11/15/2023 "See News Release 049 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2023-CC-01374
GLENDA BANDARIES PICKETT
VS.
ROY LAYNE PICKETT
On Writ of Certiorari to the Court of Appeal, Third Circuit,
Parish of Lafayette
PER CURIUM
The sole issue in this case before us is whether the trial court correctly denied
Defendant’s exception of no right of action. The court of appeal granted Defendant’s
writ, reversed the trial court’s denial of Defendant’s exception of no right of action,
granted Defendant’s exception of no right of action, and denied rehearing.
The function of an exception of no right of action is to determine whether
plaintiff belongs to the class of persons to whom the law grants the cause of action
asserted in the petition. La.Code Civ.P. art. 927; Dering v. Dering , 21-691 (La.
10/1/21), 324 So.3d 1042 (citing Turner v. Busby, 03-3444 (La. 9/9/04), 883 So.2d
412). The exception of no right of action serves to question whether the plaintiff in
the particular case is a member of the class of persons that has a legal interest in the
subject matter of the litigation. Id. Unquestionably, the Plaintiff herein is the proper
party to bring an action testing the validity of a marriage contract between herself
and Defendant.
Therefore, the court of appeal erred in reversing the trial court’s denial of
Defendant’s exception of no right of action. Consequently, we reverse the court of
appeal judgment, reinstate the trial court’s judgment denying Defendant’s exception
of no right of action, and remand for further proceedings.
COURT OF APPEAL JUDGMENT REVERSED; DISTRICT COURT
JUDGMENT REINSTATED; AND REMANDED.
November 15, 2023
11/15/23