GIANFALA v. ALLEMAND

No. 82 CA 1071.

444 So.2d 150 (1983)

L. Paul GIANFALA v. Michael P. ALLEMAND and Landry & Gary, A Medical Corporation.

Court of Appeal of Louisiana, First Circuit.

December 22, 1983.


Attorney(s) appearing for the Case

L. Paul Gianfala, Lafayette, in pro. per.

Kenneth V. Faherty, New Orleans, Denis J. Gaubert, III, Houma, for defendants and appellees.

Before LOTTINGER, EDWARDS and ALFORD, JJ.


LOTTINGER, Judge.

This is a suit for defamation. From a judgment maintaining an exception of no cause of action and dismissing plaintiff's suit, plaintiff has appealed.

The issue before this court is whether the defense of immunity based on an allegation of a qualified privilege can be raised by the peremptory exception of no cause of action?

We conclude it cannot.

No evidence may be introduced in support of or in opposition to the peremptory...

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