Thomas v. Schanzer

GARRISON, Judge.

This is an appeal from a judgment of the First City Court of New Orleans, granting defendant’s exception of no cause of action and dismissing plaintiffs suit. From that judgment which we reverse and remand, plaintiff appeals.

In Wheelahan v. State, 376 So.2d 576 (App. 4th, 1979), this court stated as follows:

“The peremptory exception of no cause of action tests the sufficiency in law of plaintiff’s petition to allow recovery by anyone against the defendants. The exception is triable solely on the face of the petition and any annexed documents or exhibits, with all well-pleaded…