Doucette v. Guient

pi concur in the majority’s decision to affirm the trial court’s finding that the Guients are not entitled to damages on their reconventional demand. I respectfully dissent, however, from the majority’s conclusion that the Guients waived their abandonment claim by not filing an application for supervisory writs after the trial court denied their ex parte motion to dismiss Doucette’s claim based on abandonment.

I find that because the Guients formally invoked their right to assert abandonment under La. Code Civ. P. art. 561, they avoided any waiver, and were not required to file an immediate…