Fortenberry v. Dixie Brewing Co.

STOULIG, Judge.

Plaintiff, A. L. Melancon, Inc., has appealed a declaratory judgment decreeing that defendant, Dixie Brewing Company, Inc. (Dixie), had legal cause to terminate the exclusive right of plaintiff to distribute beer in parts of Orleans and St. Tammany Parishes.

Appellant first complains that the trial court erred procedurally in rendering judgment beyond the scope of the declaratory relief sought, and, alternatively, plaintiff next urges the factual evidence does not support the judgment.

The scope of the declaratory judgment suit is outlined by C.C.P. arts. 1871 et seq. Under…