ANGELA JONES Vs. THE STATE OF LOUISIANA THROUGH THE DEPARTMENT OF CORRECTIONS AND DEACON JOSEPH MAMOU
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ANGELA JONES * NO. 2009-CA-0972 VERSUS * COURT OF APPEAL THE STATE OF LOUISIANA THROUGH THE DEPARTMENT OF CORRECTIONS AND DEACON JOSEPH MAMOU * FOURTH CIRCUIT * STATE OF LOUISIANA * * ******* BELSOME, J., CONCURS WITH REASONS. Although numerous exceptions were filed, the trial court granted the exceptions of no cause of action filed by the State of Louisiana through the Department of Corrections, Warden Johnny Jones, and Deacon Joseph Mamou. The only question before us is whether the trial court erred in granting the exceptions of no cause of action, dismissing Angela Jones’ case. An exception of no cause of action questions the legal sufficiency of the petition, accepting all facts plead as true. Fink v. Bryant, 01-0987, p. 3 (La. 11/29/01), 801 So.2d 346, 348. Angela Jones’ original petition clearly states a cause of action for which Louisiana law provides a remedy. Further, her amended petition specifically states that she exhausted her administrative remedy. Therefore, the trial judge erred in basing the dismissal of this case on an exception of no cause of action. For these reasons I concur with the majority’s reversal and remand.
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