Writ application granted. See per curiam.
JLW
SJC
JTG
WJC
JBM
PDG
Hughes, J., would deny.
Supreme Court of Louisiana November 15, 2023
SUPREME COURT OF LOUISIANA
No. 2023-CC-01374
GLENDA BANDARIES PICKETT
VS.
ROY LAYNE PICKETT
November 15, 2023
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 Defendants exception of no right of action. The court of appeal granted Defendants writ, reversed the trial courts denial of Defendants exception of no right of action, granted Defendants 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 courts denial of Defendants exception of no right of action. Consequently, we reverse the court of appeal judgment, reinstate the trial courts judgment denying Defendants exception of no right of action, and remand for further proceedings.
COURT OF APPEAL JUDGMENT REVERSED; DISTRICT COURT JUDGMENT REINSTATED; AND REMANDED.