Opinion
2022 CW 1163
12-01-2022
BROWN & ROOT INDUSTRIAL SERVICES, LLC v. ANTHONY E. FARRIS, JR., KEVIN D. STEED, AND FIDES CONSULTING, LLC
In Re: Brown & Root Industrial Services, LLC and BRIS Engineering, LLC, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 705222.
BEFORE: WHIPPLE, C.J., GUIDRY AND WOLFE, JJ.
WRIT GRANTED. The trial court's August 18, 2022 judgment sustaining the exception of no right of action filed by defendants, Anthony Farris, Jr., Kevin D. Steed, Jaeson M. Brown, Jeffrey M Hebert, Robert A. Huval, Mitchell L. Morgan, David E. Sterken, and Fides Consulting, LLC (collectively "Defendants"), and dismissing with prejudice; Brown & Root Industrial Services, LLC's and BRIS Engineering,: LLC's claim for breach of fiduciary duty against Kevin Steed is reversed. The Code of Civil Procedure generally does not provide for the grant of a partial exception of no right of action or of a partial no cause of action. Shinew v. Luciano Refrigerated Transport, Inc., 96-2454 (La.App. 1st Cir. 11/19/97), 706 So.2d 140, 141 citing Everything on Wheels Subaru, Inc. v. Subaru South, Inc., 616 So.2d 1234, 1239-41 (La. 1993). The trial court's judgment sustaining the exception of no right of action was an impermissible partial judgment. Accordingly, the writ is granted and the Defendants' exception of no right of action as to Brown & Root Industrial Services, LLC's claim of breach of fiduciary duty against Kevin Steed is denied.
VGW
JMG
EW 1