W. B. P. Realty, Inc. v. Fontana

BOLIN, Judge.

This appeal involves the question of whether or not an exception of no right of action must be separately pled and disposed of or whether the exception may be pled and tried with a motion to dissolve a writ of sequestration.

Plaintiff sued defendants seeking a money judgment and in connection with its main demand caused certain property to be sequestered. Following the filing and disposition of pleadings not pertinent to this appeal, defendants filed an exception of no right of action which was included in and coupled with a motion to dissolve the sequestration and grant damages…