White v. St. Elizabeth B.C. Board of Directors

37 So. 3d 1139, 45 La.App. 2 Cir. 213, 2010 La. App. LEXIS 820, 2010 WL 2179573
CourtLouisiana Court of Appeal
DecidedJune 2, 2010
Docket45,213-CA
StatusPublished
Cited by17 cases

This text of 37 So. 3d 1139 (White v. St. Elizabeth B.C. Board of Directors) 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.

Bluebook
White v. St. Elizabeth B.C. Board of Directors, 37 So. 3d 1139, 45 La.App. 2 Cir. 213, 2010 La. App. LEXIS 820, 2010 WL 2179573 (La. Ct. App. 2010).

Opinions

WILLIAMS, J.

The plaintiffs, Robert White and Murphy White, appeal a judgment in favor of the defendant, St. Elizabeth Baptist Church Board of Directors. The district court granted the defendant’s exceptions of no cause of action, res judicata and lack of subject matter jurisdiction, dismissing the plaintiffs’ claims. For the following reasons, we affirm.

FACTS

In February 2008, the Board of Directors (“the Board”) of the St. Elizabeth Baptist Church (“the church”), a nonprofit corporation, sent notice of a meeting to church members. The notice stated that the purpose of the meeting was a vote of the members on whether to terminate the church membership of attorney Murphy "White and his father, Robert White, because of their involvement in several lawsuits filed against the church. However, a quorum was not present at the meeting and no action was taken. The Board then mailed to members written notice of another meeting to be held on March 16, 2008, for the purpose of voting to remove Murphy and Robert White as members and prohibit their participation in church activities.

On March 11, 2008, the plaintiffs, Murphy and Robert White, filed a petition with injunction and temporary restraining order (TRO) against the defendant, the Board, seeking to prevent the meeting. The district court initially granted the TRO, but then dissolved the TRO prior to the meeting, based on the plaintiffs’ failure to provide notice to the Board. On March 16, 2008, a majority of the church members present voted to remove both Murphy "White and Robert "White from church membership.

The plaintiffs then filed an amended petition, seeking an injunction to enjoin their expulsion from the church. In response, the Board filed an exception of no cause of action, on the grounds that the court should not interfere with the church members’ decision regarding who was entitled to church membership. The court denied injunctive relief and continued the exception pending the decision of this court in a prior case involving these parties, White v. St. Elizabeth B.C. Board of Directors, 48,329 (La.App.2d Cir.6/4/08), 986 So.2d 202. Subsequently, the district court denied the Board’s exception of no cause of action and the plaintiffs’ motion to reconsider the denial of injunctive relief.

Approximately one year later, in June 2009, the plaintiffs filed a “Third (3rd) Amended Petition” seeking injunctive relief and damages for wrongful expulsion from church membership. The Board filed exceptions of no cause of action, res judicata and lack of subject matter jurisdiction. After a hearing, the district court rendered judgment sustaining the exceptions and dismissing the plaintiffs’ claims. The plaintiffs appeal the judgment.

DISCUSSION

The plaintiffs contend the district court erred in granting defendant’s exception of res judicata. Plaintiffs argue that the court’s prior denial of a preliminary injunc[1142]*1142tion should not preclude their claim for a permanent injunction.

A subsequent action is precluded by res judicata when (1) there is a valid and final judgment between the same parties, (2) the cause of action existed at the time of the final judgment in the prior lawsuit, and (3) the cause of action asserted in the subsequent lawsuit arose out of the same occurrence that was the subject matter of the prior action. LSA-R.S. 13:4231; Pratt v. LSU Medical Center in Shreveport, 40,476 (La.App.2d Cir.1/27/06), 921 So.2d 213.

Generally, the applicant for a permanent injunction must prove that irreparable injury, loss or damage may otherwise result. LSA-C.C.P. art. 3601. A preliminary injunction is a procedural device designed to preserve the existing status pending a trial of the issues on the merits of the case. An applicant for a preliminary injunction has the burden of making a prima facie showing that he will prevail on the merits of the case, i.e., that he will obtain a permanent injunction based upon proof of irreparable injury. Equitable Petroleum Corp. v. Central Transmission, Inc., 431 So.2d 1084 (La.App. 2d Cir.1983).

In the present case, the district court’s June 2008 judgment denied the plaintiffs’ application for a preliminary injunction, impliedly finding that the plaintiffs failed to make a prima facie showing of irreparable injury that would be necessary to obtain a permanent injunction. The plaintiffs did not appeal that judgment, which became final. Thus, the judgment denying injunctive relief precluded the plaintiffs’ subsequent claim for a permanent injunction asserted in their third amended petition, since the action for in-junctive relief existed at the time of that judgment and arose from the same occurrence that was the subject matter of the previous lawsuit. Consequently, we cannot say the district court erred in sustaining the exception of res judicata on this issue. The plaintiffs’ argument lacks merit.

No Cause of Action

The plaintiffs contend the district court erred in sustaining the defendant’s exception of no cause of action. Plaintiffs argue that as members of the nonprofit corporation, they have a cause of action to sue the corporation for their improper removal from church membership.

A “cause of action,” when used in the context of the peremptory exception of no cause of action, refers to the operative facts that give rise to the plaintiffs right to judicially assert the action against the defendant. Century Ready Mix Corp. v. Boyte, 42,634 (La.App.2d Cir.10/24/07), 968 So.2d 893. The exception of no cause of action questions whether the law extends a remedy to anyone under the factual allegations of the petition. Century Ready Mix Corp., supra; Birdsong v. Hirsch Memorial Coliseum, 42,316 (La.App.2d Cir.8/22/07), 963 So.2d 1095. The exception is triable on the face of the petition, each well-pled fact of which must be accepted as true. There is no requirement that the court accept as true any conclusions of law alleged in the petition. Appellate courts conduct a de novo review of a district court’s ruling sustaining an exception of no cause of action, because the exception raises a question of law and the court’s decision should be based only on the sufficiency of the petition. Century Ready Mix Corp., supra; Birdsong, supra.

No evidence may be introduced to support or controvert the exception of no cause of action. LSA-C.C.P. art. 931. Evidence introduced without objection has been recognized as an exception to the [1143]*1143general rule. Such evidence is considered as having enlarged the pleadings. Birdsong, supra.

A member of a nonprofit corporation may bring an action to assert the invalidity of a corporate act or to enjoin the performance of the act. LSA-R.S. 12:208. A corporation shall have the power to exclude from further membership any member who fails to comply with the reasonable and lawful requirements of the rules and regulations made by the corporation for the governance of its members. LSA-R.S. 12:210(H).

In the present case, plaintiffs sought damages for wrongful expulsion from church membership. Although Section 208 authorizes a member of a nonprofit corporation to file an action asserting that an act of the corporation was improper and should be set aside, the statute does not provide a monetary remedy to the member aggrieved by the corporation’s act. The plaintiffs did not allege that they experienced financial loss as a result of their removal from membership in the corporation.

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White v. St. Elizabeth B.C. Board of Directors
37 So. 3d 1139 (Louisiana Court of Appeal, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
37 So. 3d 1139, 45 La.App. 2 Cir. 213, 2010 La. App. LEXIS 820, 2010 WL 2179573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-st-elizabeth-bc-board-of-directors-lactapp-2010.