Cypress Insurance Agency, Inc. v. Aqua Blast Service Co.
Louisiana Court of Appeal
1ConcurrenceCole, Judge
I concur in the result of the majority opinion for the following reasons.
The majority sustains the peremptory exception raising the objection of no right of action and remands to allow plaintiff the opportunity to amend its petition to overcome the objection. I would overrule the peremptory exception and remand on other grounds.
The objection of no right of action raised through the peremptory exception asserts that there is a class or group of plaintiffs to whom the law would permit recovery, but the plaintiff does not belong to that class. Thus, there is a want of interest, or no right of…
2Cases cited5 opinions
- GEORGE AND GEORGE, LTD. v. BennettLouisiana Court of Appeal · 1976
- Janvier & Co. v. FritzLouisiana Court of Appeal · 1938
- Commercial Insurance Agency, Inc. v. WilsonLouisiana Court of Appeal · 1974
- Perrin v. SaundersLouisiana Court of Appeal · 1967
- Cusimano, Inc. v. CusimanoLouisiana Court of Appeal · 1968