Priscilla Duet and Curtis Duet, husband and wife v. Caleb Land Corporation

Louisiana Court of Appeal

Priscilla Duet and Curtis Duet, husband and wife v. Caleb Land Corporation

DecidedApril 12, 2023

Docket2022CW1198

StatusUnknown

This text of Priscilla Duet and Curtis Duet, husband and wife v. Caleb Land Corporation (Priscilla Duet and Curtis Duet, husband and wife v. Caleb Land Corporation) 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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Priscilla Duet and Curtis Duet, husband and wife v. Caleb Land Corporation, (La. Ct. App. 2023).

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Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

PRISCILLA DUET AND CURTIS NO. 2022 CW 1198 DUET, HUSBAND AND WIFE

VERSUS

CALEB LAND CORPORATION APRIL 12, 2023

In Re: Caleb Land Corporation, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 143161.

BEFORE: McCLENDON, HOLDRIDGE, AND GREEjNE, JJ.

WRIT GRANTED IN PART AND DENIED INI PART. The portion of the district court's October 5, 2022 judgmeht that denied Caleb Land Corporation's motion to file a reconventional demand against plaintiffs, Priscilla Duet and Curtis Duet, in its proposed third supplemental and amended pleading is reversed in part. Portions of the proposed pleading with respect to the reconventional demand may constitute compulsory reconventional demands, arising out of the transaction or occurrence that is the subject matter of the principal action. See La. Code Civ. P. art. 1061 (B). Therefore, to the extent the pleading asserted compulsory reconventional demands, the district court abused its discretion in denying the motion which sought leave to file the reconventional demand, and the motion is granted in part to allow the filing of the reconventional demand in the third supplemental and amended pleading to the extent it asserts a compulsory reconventional demand. The writ is denied in all other respects.

PMc GH HG

O\.c.D DEPUTY CLERK OF COURT FOR THE COURT

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STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

PRISCILLA DUET AND CURTIS NO. 2022 CW 1198 DUET, HUSBAND AND WIFE

VERSUS

CALEB LAND CORPORATION APRIL 12, 2023

In Re: Caleb Land Corporation, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 143161.

BEFORE: McCLENDON, HOLDRIDGE, AND GREEjNE, JJ.

WRIT GRANTED IN PART AND DENIED INI PART. The portion of the district court's October 5, 2022 judgmeht that denied Caleb Land Corporation's motion to file a reconventional demand against plaintiffs, Priscilla Duet and Curtis Duet, in its proposed third supplemental and amended pleading is reversed in part. Portions of the proposed pleading with respect to the reconventional demand may constitute compulsory reconventional demands, arising out of the transaction or occurrence that is the subject matter of the principal action. See La. Code Civ. P. art. 1061 (B). Therefore, to the extent the pleading asserted compulsory reconventional demands, the district court abused its discretion in denying the motion which sought leave to file the reconventional demand, and the motion is granted in part to allow the filing of the reconventional demand in the third supplemental and amended pleading to the extent it asserts a compulsory reconventional demand. The writ is denied in all other respects.

PMc GH HG

O\.c.D DEPUTY CLERK OF COURT FOR THE COURT

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Priscilla Duet and Curtis Duet, husband and wife v. Caleb Land Corporation, Counsel Stack Legal Research, https://law.counselstack.com/opinion/priscilla-duet-and-curtis-duet-husband-and-wife-v-caleb-land-corporation-lactapp-2023.