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Cloud v. Schedler

Court of Appeal of Louisiana, Third Circuit

November 21, 2014

HEATHER MILEY CLOUD
v.
TOM SCHEDLER IN HIS OFFICIAL CAPACITY AS SECRETARY OF STATE FOR THE STATE OF LOUISIANA, AND BERT KEITH CAMPBELL

APPEAL FROM THE THIRTEENTH JUDICIAL DISTRICT COURT, PARISH OF EVANGELINE, NO. 75137-A. HONORABLE JOEL GERARD DAVIS, DISTRICT JUDGE.

Joffre Wendel Fusilier, Attorney at Law, Ville Platte, LA, COUNSEL FOR DEFENDANT/APPELLEE: Bert Keith Campbell.

Kenneth Ray Rush, Attorney at Law, Oakdale, LA, COUNSEL FOR DEFENDANT/APPELLEE: Bert Keith Campbell.

Anne Elizabeth Watson, Dupre & Watson, Opelousas, LA, COUNSEL FOR PLAINTIFF/APPELLANT: Heather Miley Cloud.

Elbert Lee Guillory, Attorney at Law, Opelousas, LA, COUNSEL FOR PLAINTIFF/APPELLANT: Heather Miley Cloud.

Stephen D. Hawkland, Attorney at Law, Baton Rouge, LA, COUNSEL FOR DEFENDANT/APPELLEE: Secretary of State, State of Louisiana.

Court composed of Marc T. Amy, Elizabeth A. Pickett, and John E. Conery, Judges.

OPINION

Page 807

[14-1223 La.App. 3 Cir. 1] PICKETT, Judge.

The plaintiff, Heather Miley Cloud, appeals the trial court's judgment granting the exception of no cause of action filed by the defendant, Bert Keith Campbell. Finding that the trial court erred in granting the exception, we reverse the judgment and remand for further proceedings.

I.

ISSUES

We must decide whether the trial court erred in finding that Ms. Cloud's petition failed to state a cause of action for relief under the Election Code.

Page 808

II.

FACTS AND PROCEDURAL HISTORY

Ms. Cloud filed a petition to contest the election held on November 4, 2014, resulting in Mr. Campbell's election to the office of Mayor of the Village of Turkey Creek. The named defendants are Mr. Campbell and Secretary of State Tom Schedler. Ms. Cloud's petition asserts that in the election, she, as the ...


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