2024-OC-01527 Precedential Reinstated Processed

Dylan Cain Duplantis v. Kortney Rae Fontenot Duplantis

Louisiana Supreme Court · Filed February 25, 2025

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Opinion text

Supreme Court of Louisiana
February 25, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
DYLAN CAIN DUPLANTIS
VS.
KORTNEY RAE FONTENOT DUPLANTIS
No. 2024-OC-01527
_ _
_ _ _ _
IN
RE: Kortney Rae Fontenot Duplantis - Applicant Defendant; Applying For
Supervisory Writ, Parish of Jefferson Davis, 31st Judicial District Court Number(s)
C-323-23, Court of Appeal, Third Circuit, Number(s) CA 24-349;
_ _ _ _ _ _
February 25, 2025
Writ application granted. See per curiam.
JDH
JLW
JTK
WJC
JBM
PDG
JMG
02/25/2025 "See News Release 007 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA

No. 2024-OC-1527

DYLAN CAIN DUPLANTIS

VS.

KORTNEY RAE FONTENOT DUPLANTIS

On Supervisory Writ to the Court of Appeal, Third Circuit, Parish of
Jefferson Davis

PER CURIAM

It is well settled that appeals are favored in the law. Chauvin v. Shell Oil Co.,
2017-0043 (La. 3/31/17), 214 So. 3d 855; Shell Pipeline Corp. v. Kennedy , 2000-
3207 (La. 10/16/01), 799 So. 2d 475, 478; General Motors Acceptance Corp. v.
Deep South Pest Control Inc., 247 La. 625, 173 So.2d 190, 191 (1965).
Unless the ground urged for dismissal is free from doubt, the appeal should
be maintained. Schiff v. Pugh, 2022-00210 (La. 4/12/22), 335 So. 3d 830; Jackson
v. Family Dollar Stores of Louisiana Inc., 2018-0170 (La. 6/27/18), 251 So. 3d 368,
372; U.S. Fire Insurance Co. v. Swann, 424 So.2d 240, 244-45 (La. 1982).
Based upon our review, we find the grounds cited by the court of appeal for
dismissal of the appeal are not free from doubt. The court of appeal therefore erred
in dismissing the appeal.
Accordingly, the writ is granted. The judgment of the court of appeal
dismissing the appeal is vacated, and the appeal is reinstated. The case is remanded
to the court of appeal for consideration of the appeal on the merits.