No. 2010 CU 1463 Precedential Processed

In re Melancon

Louisiana Court of Appeal, First Circuit · Filed April 7, 2011 · 102 So. 3d 65

Also decided on this docket: La. Ct. App. 1st Cir., December 22, 2010 62 So. 3d 759

Cited by

In re J.E.T. 211 So. 3d 575 La. Ct. App. 1st Cir. 2016
State v. Hickman 194 So. 3d 1160 La. Ct. App. 1st Cir. 2016
State v. Skinner 191 So. 3d 676 La. Ct. App. 1st Cir. 2016
State v. Rapp 161 So. 3d 103 La. Ct. App. 1st Cir. 2015
State v. Jasper 149 So. 3d 1239 La. Ct. App. 1st Cir. 2014

Opinion text

On rehearing REHEARING GRANTED LIT IS HEREBY ORDERED that the application for rehearing is GRANTED. The trial court erred in failing to allow petitioner an opportunity to amend her petition to state a cause of action under La. C.C. art. 132, or to show whether she has a right of action under La. C.C. art. 138. See La. C.C.P. art. 934. THEREFORE, this matter is HEREBY REMANDED to allow petitioner to amend her petition as described above and the trial court is directed to proceed accordingly based upon such amended petition. PETTIGREW, J., dissents. /s/ James E. Kuhn Judge James E. Kuhn /s/ Toni Manning Higginbotham Judge Toni Manning Higginbotham