Kathleen Cornelia v. Claire White and Willie White, III

cowl' IN U

KATHLEEN CORNELIA NO. 2024 CW 0618

VERSUS

CLAIRE WHITE AND WILLIE SEPTEMBER 23, 2024
WHITE, III

In Re: Claire White and Willie White, III, applying for

supervisory writs, 22nd Judicial District Court, Parish
of St. Tammany, No. 202410585.

BEFORE: THERIOT, CHUTZ, AND HESTER, JJ'.

WRIT DENIED.

MRT
CHH

Chutz, J., dissents and would grant the writ and reverse the
portion of the trial court' s June 17, 2024 judgment, which denied
the Exception of Lack of Subject Matter Jurisdiction filed by
defendants, Claire and Willie White, III. The allegations of the
Petition for Custody of Minor Child are insufficient to determine
that a court of this state has jurisdiction to make an initial
child custody determination. See La. R. S. 13: 1813. Therefore, I
would grant the Exception of Lack of Subject Matter Jurisdiction
and dismiss the Petition for Custody Minor Child filed
of
by
plaintiff, Kathleen Cornelia. Furthermore, I would vacate the
portions of the trial court' s June 17, 2024 judgment, which

overruled the Exceptions of No Cause of Action, No Right of Action,
and Lack of Personal Jurisdiction filed by defendants, Claire and
Willie White, III. However, I would remand the matter to the trial
court with instructions to allow Kathleen Cornelia the opportunity
to amend her Petition for Minor if
Custody of Child, she can,

within a delay deemed reasonable by the trial court. See La. Code
Civ. P. art. 934.

COURT OF APPEAL, FIRST CIRCUIT

UTY CLERK OF COURT
FOR THE COURT