Beau Higginbotham v. Doug Welborn, in his official capacity as Clerk of Court for East Baton Rouge

Louisiana Court of Appeal

Beau Higginbotham v. Doug Welborn, in his official capacity as Clerk of Court for East Baton Rouge

DecidedApril 9, 2021

Docket2021CW0308

StatusUnknown

This text of Beau Higginbotham v. Doug Welborn, in his official capacity as Clerk of Court for East Baton Rouge (Beau Higginbotham v. Doug Welborn, in his official capacity as Clerk of Court for East Baton Rouge) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Beau Higginbotham v. Doug Welborn, in his official capacity as Clerk of Court for East Baton Rouge, (La. Ct. App. 2021).

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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT BEAU HIGGINBOTHAM NO. 2021 CW 0308 VERSUS DOUG WELBORN, IN HIS OFFICIAL CAPACITY AS CLERK OF COURT FOR EAST BATON APRIL 9, 2021 ROUGE PARISH

In Re: Beau Higginbotham, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 703011.

BEFORE: CHUTZ, LANIER, AND WOLFE, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. The portion of the district court's February 2, 2021 judgment which granted the exception of no cause of action filed by Doug Welborn, in his official capacity as Clerk of Court for East Baton Rouge Parish, as to the request for a writ of mandamus is reversed. The grant of the exception of no cause of action as to one theory of recovery resulted in an impermissible partial grant of an exception of no cause of action. If there are two or more items of damages or theories of recovery that arise out of the operative facts of a single transaction or occurrence, a partial judgment on an exception of no cause of action should not be rendered to dismiss an item of damages or theory of recovery. Robinson v. Wayne & Bever1y Papania & Pyrenees Invs., LLC, 2015- 1354 (La. App. 1st Cir. 10/31/16), 207 So.3d 566, 572, writ denied, 2016-2113 (La. 3/13/17), 216 So.3d 808. The exception of no cause of action is denied. The writ application is denied in all other respects. WRC WIL EW

COURT OF APPEAL; FIRST CIRCUIT

D PUTY CLERK OF COURT FOR THE COURT

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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT BEAU HIGGINBOTHAM NO. 2021 CW 0308 VERSUS DOUG WELBORN, IN HIS OFFICIAL CAPACITY AS CLERK OF COURT FOR EAST BATON APRIL 9, 2021 ROUGE PARISH

In Re: Beau Higginbotham, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 703011.

BEFORE: CHUTZ, LANIER, AND WOLFE, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. The portion of the district court's February 2, 2021 judgment which granted the exception of no cause of action filed by Doug Welborn, in his official capacity as Clerk of Court for East Baton Rouge Parish, as to the request for a writ of mandamus is reversed. The grant of the exception of no cause of action as to one theory of recovery resulted in an impermissible partial grant of an exception of no cause of action. If there are two or more items of damages or theories of recovery that arise out of the operative facts of a single transaction or occurrence, a partial judgment on an exception of no cause of action should not be rendered to dismiss an item of damages or theory of recovery. Robinson v. Wayne & Bever1y Papania & Pyrenees Invs., LLC, 2015- 1354 (La. App. 1st Cir. 10/31/16), 207 So.3d 566, 572, writ denied, 2016-2113 (La. 3/13/17), 216 So.3d 808. The exception of no cause of action is denied. The writ application is denied in all other respects. WRC WIL EW

COURT OF APPEAL; FIRST CIRCUIT

D PUTY CLERK OF COURT FOR THE COURT

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