Guiffrida v. Bourque

STOKER, Judge.

This appeal presents the issue of whether a partial judgment of dismissal may be granted on an exception of no cause of action. More specifically, where alternative demands are asserted, may an exception of no cause of action be sustained as to the primary demand, reserving to the plaintiff the right to pursue the alternative demand? The trial court adopted such a course in this case. As we believe this was error, we reverse.

The petition of plaintiff-appellant, Jack-lynn Guiffrida, alleges that she entered into a verbal agreement with defendant, Donald J. Bourque. Under the…