Legal Opinion

Vince v. Metro Rediscount Company, Inc.

Supreme Court of Louisiana

Decided February 25, 2019No. 2018-C-2056Published

1Per curiam

The purpose of the peremptory exception of no cause of action is to test the legal sufficiency of the petition by determining whether the law affords a remedy on the facts alleged in the petition. Scheffler v. Adams and Reese, LLP , 06-1774 (La. 2/22/07), 950 So.2d 641. The peremptory exception of no cause of action is triable on the face of the pleadings, and, for purposes of resolving issues raised by the exception, the well-pleaded facts in the petition must be accepted as true. Scheffler, 950 So.2d at 646. Thus, to determine whether the trial court erred in granting the defendants'…

2Cases cited3 opinions

  1. Scheffler v. Adams and Reese, LLPSupreme Court of Louisiana · 2007
  2. Veroline v. Priority One EMSSupreme Court of Louisiana · 2009
  3. Vince ex rel. Southland Express, LLC v. Metro Rediscount Co.Louisiana Court of Appeal · 2018

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