Michelle Mason White v. Jeffery David White

STATE OF LOUISIANA

MICHELLE MASON WHITE NO. 2024 CW 1132

VERSUS

JEFFERY DAVID WHITE FEBRUARY 3, 2025

In Re: Jeffery David White, for
applying supervisory writs,

Family Court in and for the Parish of East Baton Rouge,
No. 222, 307.

BEFORE: PENZATO, WOLFE, ' MILLER, EDWARDS, AND CALLOWAY, l JJ.

WRIT GRANTED. The district court' s October 1, 2024 ruling
which granted the exception of no cause of action filed by Michelle
White is reversed.
The purpose of the exception of no cause of
action is not to determine whether the plaintiff will ultimately
prevail at trial, but to only ascertain if a cause of action
exists. Benoist v.
Jackson National Life Insurance Company, 2022-
0878 ( App. La.
lst Cir. 4/ 14/ 23), 364 So. 3d 1162, 1165- 66. No
evidence may be introduced to support or controvert the exception
of no cause of action. The exception is triable on the face of the
pleadings, and,
for purposes of resolving the issues raised by the
exception,
the well -pleaded facts in the petition must be accepted
as true. The issue at the trial of the exception is whether, on

the face of the petition, the plaintiff is legally entitled to the
relief sought. Id. at 1166.
Any reasonable doubt concerning the
sufficiency of the petition must be resolved in favor of finding
a cause of action has been stated. Christian Schools, Inc. v.

Louisiana High School Athletic Association, 2020- 0762 ( La. App.
lst Cir. 5/ 18/ 22), 342 So. 3d 1068, 1074, writ denied, 2022- 01015
La. 10/ 12/ 22), 348 So. 3d 78. The exception at issue herein sought
to disprove the allegations of fraud and ill practice asserted by
Jeffery White by arguing what the records and evidence will

purportedly show. However, that is not the purpose of the
exception of no cause of action.
Accordingly, the exception of no
cause of action filed by Michelle White is denied.

Penzato, J., dissents and would grant the writ for the sole
purpose of remanding this matter to the district court to allow
Jeffery White an opportunity to amend his petition to remove
the grounds of the exception, if he can. See La. Code Civ. P.
art. 934.

Miller, J.,
dissents and would deny the writ.

URT OF APPEAL, FIRST CIRCUIT

UTY CLERK OF COURT
FOR THE COURT

Calloway, J., serving as judge pro tempore of the Court of Appeal, First
Circuit,
by special appointment of the Louisiana Supreme Court.