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HIGGINBOTHAM v. MORRIS

No. 33,506-CA.

749 So.2d 840 (1999)

Bobby HIGGINBOTHAM, Plaintiff-Appellant, v. Earl MORRIS, Registrar of Voters, Tensas Parish, Ernest Sikes, Clerk of Court Tensas Parish, W. Fox McKeithen, Secretary of State for the State of Louisiana, Jerry M. Fowler, Commissioner of Elections for the State of Louisiana and Rickey A. Jones, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

December 8, 1999.

Attorney(s) appearing for the Case

Ike Spears, Michelle Andrina Beaty, New Orleans, Counsel for Plaintiff-Appellant Bobby Higginbotham.

Sheri Lynn Marcus Morris, Baton Rouge, Counsel for Defendant-Appellee W. Fox McKeithen.

Celia R. Cangelosi, Baton Rouge, Counsel for Defendant-Appellee Jerry Fowler.

Angie Rogers LaPlace, Frances E. Jones Pitman, Carlos Miguel Finalet, III, Baton Rouge, Counsel for Defendant-Appellee Earl Morris.

James Edward Paxton, St. Joseph, Counsel for Defendant-Appellee Ernest Sikes.

David Paul Doughty, Rayville, Counsel for Defendant-Appellee Rickey A. Jones.

Before BROWN, CARAWAY & PEATROSS, JJ.

PEATROSS, J.

This is an appeal from a judgment granting an exception of no cause of action in an election contest case. For the reasons that follow, we hold that the trial judge correctly sustained the exception of no cause of action, but erred in failing to give appellant, Bobby Higginbotham, an opportunity to amend his petition to sufficiently set forth a cause of action. Accordingly, we reverse in part, and remand to give Higginbotham 24 hours from noon, December...

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