STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT KHOWLA JATALA NO. 2020 CW 0295 VERSUS

LOUISIANA BEHAVIOR ANALYST JUNE 11, 2020 BOARD

In Re: The Louisiana Behavior Analyst Board, for applying supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 682201.

BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT DENIED. See Expert Riser Solutions, LLC v. Techcrane International, LLC, 2018- 0612 ( La. App. 1st Cir. 12/ 28/ 18), 270 So. 3d 655, 663.

PMc JEW

Holdridge, J., dissents and would grant the writ. I disagree with the denial of the exception of no cause of action and think the majority is in error in not a partial allowing exception of no cause of action in this case. It is true that, prior to 1997, the cases did not allow a judgment granting only a partial exception of no cause See of action.

Everything on Wheels Subaru, Inc. v. Subaru South, Inc., 616 So. 2d 1234 ( La. 1993). However, in 1997, the legislature authorized a partial judgment that " sustains an exception in part, as to one or more but less than all of the claims, demands, issues, or theories against a party." La. Code Civ. P. art. 1915( B)( 1). " This amendment ... judgment granting a partial exception authorizes a of no cause importantly, of action; this amendment provides certainty as to the immediate appealability of such a judgment." Frank L. Maraist, Louisiana Civil Law Treatise; Civil Procedure, Vol. I, § 6. 7, pp. 172- 173 ( 2d ed. 2008). Legislation is a solemn expression of legislative will. La. Civ. Code art. 2.

Accordingly, 1 respectfully dissent.

COURT OF APPEAL, FIRST CIRCUIT

EPUTY CL OF COURT FOR THE COURT