Willis v. Jackson Brewery Development, Inc.

• Decision Date: 23 March 1988
• Docket Number: No. 88-C-0495,88-C-0495
• Citation: Willis v. Jackson Brewery Development, Inc., 522 So.2d 720 (La. App. 1988)
• Parties: Joyce WILLIS, Individually, and as Tutrix of the Minor Child, Kenderel Willis v. JACKSON BREWERY DEVELOPMENT, INC., et al. 522 So.2d 720
• Court: Court of Appeal of Louisiana — District of US

Page 720

522 So.2d 720

Joyce WILLIS, Individually, and as Tutrix of the Minor Child, Kenderel Willis v. JACKSON BREWERY DEVELOPMENT, INC., et al.

No. 88-C-0495.

522 So.2d 720

Court of Appeal of Louisiana Fourth Circuit.

March 23, 1988.

Geoffrey P. Snodgrass, Christovich & Kearney, New Orleans, for defendants/appellants.

Michael A. Fenasci, Boudousque & Fenasci, Gretna, for plaintiff/appellee.

Before BYRNES, CIACCIO and PLOTKIN, JJ.

PLOTKIN, Judge.

Due process requires that the defendants be given an opportunity to participate in a hearing on the filiation issue. Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314, 70 S.Ct. 652, 657, 94 L.Ed. 865 (1950). Denial of the exception of no right of action effectively denied the defendants such an opportunity. La.C.C.P. art. 928(B) allows a peremptory exception to be pleaded at any stage of the proceedings in the trial court prior to submission of the case for decision. The defendants are substantially prejudiced by the denial of the exception and are entitled to a fair determination of whether plaintiff has a right of action. La.C.C. art. 207 allows any person with an interest to contest the claims of an illegitimate child.

Because the prior proceedings...