In re Piccione, Susan Elizabeth Jackson;' — Plaintiff; Applying For Writ of Cer-tiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. M, No. 99-3217; to the Court of Appeal, Third Circuit, No. 09-300.

Denied.

additionally concurs in the denial. The court of appeal reached the correct result in finding the father states a cause of action for a modification of physical custody. Any discussion regarding the applicable burden of proof at the hearing is dicta.