Opinion
No. 2021-C-00691
10-01-2021
William P. DERING v. Kay W. DERING
Writ application granted. See per curiam.
PER CURIAM:
Writ granted. This matter presents on an exception of no right of action. The function of an exception of no right of action is to determine whether plaintiff belongs to the class of persons to whom the law grants the cause of action asserted in the petition. La. C.C.P. art. 927 ; Turner v. Busby, 03-3444, p. 4 (La. 9/9/04), 883 So.2d 412, 415. The exception of no right of action serves to question whether the plaintiff in the particular case is a member of the class of persons that has a legal interest in the subject matter of the litigation. Id.
We find Mr. Dering has established a right of action. He is a party to the partition agreement and has a right to assert his interpretation of the agreement. Moreover, the petition alleges he is an owner in indivision of the former family home. Given this allegation, Mr. Dering has a real and actual interest in the action to partition the property. We express no opinion on the merits of this claim. ("The exception does not raise the question of the plaintiff's ability to prevail on the merits nor the question of whether the defendant may have a valid defense." Duplessis Cadillac, Inc. v. Creative Credit Services, Inc., 597 So.2d 1155, 1158 (La. App. 1st Cir.1992) ). Accordingly, we reverse and remand for further proceedings.