FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF
CALCASIEU, NO. 2015-2657 HONORABLE G. MICHAEL CANADAY,
Michael James Barry Tiffany Powers Michael Patrick Kenny
Alston & Bird, LLC Counsel for Defendants: State Farm
Mutual Automobile Insurance Company; State Farm Fire and
Casualty Company; State Farm General Insurance Company; State
Farm Life Insurance Company; State Farm VP Management
Corporation; Insurance Placement Services, Inc.; State Farm
Bank, F.S.B.; Patrick White, and Kimberly Rollins White
J. David, Jr. Marc D. Moroux Juneau David, APLC Counsel for
Defendant: David Haymon
Fagan Stephanie Villagomez Lemoine Leake & Andersson LLP
Counsel for Third Party Defendant/Appellant: William Claude
W. Lundy Matthew Lundy Hunter, hunter, Lundy & Soileau
Counsel for Plaintiffs: Michael Cal Clary and Catherine Ann
N. Mallery Lisa Diane Hanchey Hal Unger Jacob C. Credeur
Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Counsel
for Defendants: State Farm Mutual Automobile Insurance
Company; State Farm Fire and Casualty Company; State Farm
General Insurance Company; State Farm Life Insurance Company;
State Farm VP Management Corporation; Insurance Placement
Services, Inc.; State Farm Bank, F.S.B.; Patrick White, and
Kimberly Rollins White
J. Scofield Phillip W. DeVilbiss Scofield, Gerard,
Pohorelsky, Gallaugher & Landry Counsel for
Defendant/Plaintiff in Reconvention/Appellee: Gene Haymon
composed of Sylvia R. Cooks, John D. Saunders, and Candyce G.
R. COOKS JUDGE.
expedited appeal we are asked to review the trial court's
ruling denying Trey Coker's Exception of No Cause of
Action regarding Gene Haymon's action based on
Louisiana's Antitrust Law, La.R.S. 51:122 et seq., and
the trial court's ruling denying in part and granting in
part an exception of no right of action raised by the trial
The denial of exceptions of no cause of action and no right
of action are normally not appealable. However, La. R.S.
51:134 and 51:135 provide for an immediate appeal of such an
interlocutory judgment related to antitrust claims. See
Plaquemine Marine, Inc. v. Mercury Marine, 2003-1036
(La.App. 1st Cir.7/25/03), 859 So.2d 110, 114, n. 3.
HPC Biologicals, Inc. v. UnitedHealthcare of Louisiana,
Inc., 16-585 p. 6 (La.App. 1 Cir. 5/26/16), 194 So.3d
784, 791-92. Gene Haymon asserts in his Motion to Dismiss
Appeal that this appeal should be dismissed because Coker
waived his right to an expedited appeal and failed to
designate issues on appeal. We referred this motion to the
merits and after due consideration the Motion to Dismiss
Appeal is denied.
review of exceptions of no right of action and no cause of
action are de novo,  and:
It is well settled that pursuant to La. C.C.P. art. 2164, an
appellate court must render its judgment upon the record on
appeal. The record on appeal is that which is sent by the
trial court to the appellate court and includes the
pleadings, court minutes, transcript, judgments and other
rulings. The appellate court cannot review evidence that is
not in the record on appeal and cannot receive new evidence.
Memoranda and exhibits not filed in evidence are not
part of the record on appeal. The briefs of the parties and
the attachments thereto are not part of the record on appeal.
Further, this court does not consider exhibits ...