Garrison v. James Construction Group, LLC

HOLDRIDGE, J.,

agreeing in part and dissenting in part.

|, While I agree with the reversal of the trial court judgment regarding the exception of res judicata, I disagree with the majority opinion insofar as it states that an exception of no right of action may not be used to question whether Mrs. Garrison has a right to bring this suit for personal injuries.

The exception of no right of action is designed to test whether the plaintiff has a real and actual interest in the action. La.C.C.P. art. 927(6). Unlike the exception of no cause of action, evidence may be received under the exception of…