KELLY v. LEGER

No. 2014 CW 0636.

ERIC KELLY, SR, INDIVIDUALLY AND O/B/O THE MINOR CHILD, LONDON KELLY, AND KERRI KELLY, v. JEREMY LEGER, HUDSON INSURANCE COMPANY, AND GEICO GENERAL INSURANCE COMPANY.

Court of Appeals of Louisiana, First Circuit.

July 31, 2014.


WRIT GRANTED IN PART AND DENIED IN PART. We grant the writ filed by the defendants, Hudson Insurance Company and Jeremy Leger, and vacate that portion of the trial court's judgment dated April 1, 2014 which denied the defendant's dilatory exception of vagueness with respect to the allegations of Paragraph 5(F) of the Petition. This specific allegation is open ended and does not fairly allow the defendants to a form a defense. Snoddy v. City of Marksville, 97-327 (La. App. 3d Cir. 10/8/97), 702 So.2d 890; see Clark v. Diamond B Construction, 2000-2146 (La. App. 1st Cir. 12/28/01), 803 So.2d 1113. The matter is remanded to the district court for further proceedings in accordance with La. Code Civ. P. art 933. The judgment sustaining the exception of vagueness shall afford plaintiff, Eric Kelly, Sr., individually and on behalf of the minor children, London and Kerri Kelly, the opportunity to remove the grounds of the objection by amendment of the petition within a period of time designated by the district court. In all other respects, we deny the defendants' writ application.

WJC MRT EGD

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