Opinion
No. 93-781.
March 2, 1994. Order Granting Rehearing April 7, 1994.
On appeal from the Ninth Judicial District Court, Parish of Rapides; Rae Swent, Judge, Presiding.
Thomas Joseph DeJean, Opelousas, for Connie Perez, etc.
Vincent Ross Cicardo, Alexandria, for Jennifer Brandy Holt et al.
William Stafford Neblett, Alexandria, for Jimmy Dale Dubroc.
Raymond L. Brown Jr., Alexandria, for Allstate Ins. Co.
Rhett M. Powers, Kenner, for Jennifer Brandy Holt and Automotive Cas.
Michael Moyse Wahlder, Alexandria, for Marlon Creecy.
B. Scott Cowart and Albin Alexandre Provosty, Alexandria, for William Earl Hilton, Sheriff.
Richard Eric Starling Jr., Pineville, for Kay Jones and Rae Neff.
Before DOUCET, YELVERTON and SAUNDERS, JJ.
For the reasons discussed in the consolidated case of Dubroc v. Allstate Insurance Co., 633 So.2d 861 (La.App. 3d Cir. 1994), we find the trial court was correct in granting Sheriff Hilton's exception of no cause of action. However, the trial judge gave the plaintiffs no opportunity to amend. We accordingly remand to the trial court with the instruction that an order be issued to Connie Perez to amend her petition to state a cause of action against the Sheriff, if she can, within a delay deemed reasonable by the trial court.
The judgment of the trial court is affirmed. The plaintiff-appellant will pay the costs of her appeal.
AFFIRMED AND REMANDED.
ON REHEARING
For the reasons discussed in the rehearing of the consolidated case of Dubroc v. Allstate Insurance Co., 633 So.2d 861 (La.App. 1994), we grant the rehearing application of William Earl Hinton, Sheriff of Rapides Parish, and delete the remand from our judgment rendered herein.
The judgment of the trial court is affirmed.
AFFIRMED.