Opinion
No. 2005-C-0269.
April 29, 2005. Rehearing Denied June 24, 2005.
In re Green, Leroy J. Hon.;-Other; Applying for Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. B, Nos. 99-12009; to the Court of Appeal, First Circuit, No. 2004 CA 0261.
Writ granted. For the purpose of determining the issues raised by the exception of no cause of action, we are bound to accept as true all well-pleaded facts in the petition, not conclusions of law. Plaintiff's petition fails to set forth facts sufficient to allege a cause of action for malicious prosecution. Because plaintiff was previously allowed to amend his petition in an attempt to state a cause of action by order of the court of appeal, and we now find the amended petition fails to state a cause of action, remand for further amendment would serve no purpose. Therefore, the judgment of the court of appeal is reversed, and the judgment of the district court is reinstated.
See Young v. Knapp, 01-2040 (La.App. 1 Cir. 9/27/02) (unpublished opinion), writ denied, 02-2884 (La. 2/7/03), 836 So.2d 102.
CALOGERO, C.J., and KIMBALL, J., dissent and would grant and docket.