Yvette David Pacaccio, Individually and as agent for Brendan Joseph David v. Steven P. Hoover, Melanie P. Hoover, Edwin Hoover, and Peggy Hoover

• Court: Louisiana Court of Appeal
• Decided: December 30, 2020
• Docket: 2020CW1124
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

YVETTE DAVID PACACCIO, NO. 2020 CW 1124 INDIVIDUALLY AND AS AGENT FOR BRENDAN JOSEPH DAVID

VERSUS

STEVEN P. HOOVER, MELANIE P. HOOVER, EDWIN HOOVER, AND DECEMBER 30, 2020 PEGGY HOOVER

In Re: Yvette Pacaccio, individually as as agent for Brendan Joseph David, applying for writs, 21st supervisory Judicial District Court, Parish of Tangipahoa, No. 2020- 0001195.

BEFORE: GUIDRY, HIGGINBOTHAM, AND LANIER, JJ.

WRIT GRANTED. The relator, Yvette David Pacaccio' s, individual claims for in this based recovery matter are on a

single occurrence or set of operative facts. The trial court' s September 21, 2020 judgment partially granting the respondents'

peremptory exception of no right of action did not dismiss all of the relator' s individual claims, and therefore, the judgment constitutes an impermissible partial judgment. See State, by & through Caldwell v. Astra Zeneca AB, 2016- 1073 ( La. App. 1st Cir. 4/ 11/ 18), 249 So. 3d 38, 43, ( en Banc) denied, writs 2018- 00766, 2018- 0758 ( La. 9/ 21/ 18), 252 So. 3d 899, 904. Accordingly, we reverse the portion of the trial court' s judgment granting the respondents' peremptory exception of no

right of action as to the relator' s loss of consortium, services

and society claims, and deny the exception.

JMG TMH WIL

COURT OF APPEAL, FIRS CIRCUIT

D PUT LE K OF CO T FOR THE COURT