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KATHLEEN CORNELIA NO. 2024 CW 0618

VERSUS

CLAIRE WHITE AND WILLIE SEPTEMBER 23, 2024 WHITE, III

In Re: Claire White and Willie White, III, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 202410585.

BEFORE: THERIOT, CHUTZ, AND HESTER, JJ'.

WRIT DENIED.

MRT CHH

Chutz, J., dissents and would grant the writ and reverse the portion of the trial court' s June 17, 2024 judgment, which denied the Exception of Lack of Subject Matter Jurisdiction filed by defendants, Claire and Willie White, III. The allegations of the Petition for Custody of Minor Child are insufficient to determine that a court of this state has jurisdiction to make an initial child custody determination. See La. R. S. 13: 1813. Therefore, I would grant the Exception of Lack of Subject Matter Jurisdiction and dismiss the Petition for Custody Minor Child filed of by plaintiff, Kathleen Cornelia. Furthermore, I would vacate the portions of the trial court' s June 17, 2024 judgment, which overruled the Exceptions of No Cause of Action, No Right of Action, and Lack of Personal Jurisdiction filed by defendants, Claire and Willie White, III. However, I would remand the matter to the trial court with instructions to allow Kathleen Cornelia the opportunity to amend her Petition for Minor if Custody of Child, she can, within a delay deemed reasonable by the trial court. See La. Code Civ. P. art. 934.

COURT OF APPEAL, FIRST CIRCUIT

UTY CLERK OF COURT FOR THE COURT