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WILLIS v. JACKSON BREWERY DEVELOPMENT, INC.

No. 88-C-0495.

522 So.2d 720 (1988)

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

Court of Appeal of Louisiana, Fourth Circuit.

March 23, 1988.

Attorney(s) appearing for the Case

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...

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