STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT JERRI G. SMITKO NO. 2020 CW 0510 VERSUS MARISSA A. ACHEE, KIEL JUNE 18, 2020 THERIOT, II

In Re: Kiel and Jessica Theriot, for applying supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 185476.

BEFORE: GUIDRY, McDONALD, WELCH, CHUTZ, AND BURRIS, 1 JJ.

REQUEST FOR STAY DENIED; WRIT GRANTED. The portion of the trial court' s May 22, 2020 judgment which pretermitted the exception of no right of action and continued the hearing to June 19, 2020 is reversed. Relators herein, Kiel and Jessica Theriot, issue the grandparents of the minor child whose custody is at herein falls within the class of persons entitled to assert a claim for custody pursuant to La. Civ. Code art. 133.

The exception of no right of action filed by Jerri Smitko to the petition of intervention filed by relators is denied.

JMG JMM JEW WRC WJB

COURT OF APPEAL, FIRST CIRCUIT

RA 4- U'TY CLERK OF COURT FOR THE COURT

Judge William J. Burris, retired, serving pro tempore by special appointment of the Louisiana Supreme Court.