Renaldo Robinson, Praying for Monition Vs.

• Court: Louisiana Court of Appeal
• Decided: October 16, 2023
• Docket: 2022-CA-0851
• Status: Published

Opinion

RENALDO ROBINSON, * NO. 2022-CA-0851 PRAYING FOR MONITION * COURT OF APPEAL VERSUS * FOURTH CIRCUIT

* STATE OF LOUISIANA

*

* *******

CONSOLIDATED WITH: CONSOLIDATED WITH:

KERRIELLE T. SMITH AND CHRIS NO. 2022-CA-0852 TAYLOR, III

VERSUS

RENALDO ROBINSON

RDJ JOHNSON, J., DISSENTS AND ASSIGNS REASONS

I respectfully dissent from the majority opinion and would affirm the trial

court.

While I agree with the majority that this Court has mandated that “the trial

judge permit an amendment of the pleadings when there is a conceivable

possibility that a cause of action may yet be stated by a plaintiff.” Cooper v. Pub.

Belt R.R., 00-0378, p. 4 (La. App. 4 Cir. 12/20/00), 776 So.2d 639, 641. La. C.C.P.

art. 934 provides that “[w]hen the grounds of the objection pleaded by peremptory

exception may be removed by amendment of the petition, the judgment sustaining

the exception shall order such amendment within the delay allowed by the court.”

If, however, “the grounds of the objection raised through the exception cannot be

so removed”, then “the action, claim, demand, issue, or theory shall be dismissed.”

As such, I find that the trial court did not err in sustaining the exception.