ANGELO CORCEONE Petitioner VERSUS

NUMBER 136,741 DIVISION B THE FAMILY COURT PARISH OF EAST BATON ROUGE

KIMBERLY CORCEONE Defendant

STATE OF LOUISIANA

DEFENDANTS DILATORY EXCEPTION OF IMPROPER USE OFSUMMARY PROCEEDING, DILATORY EXCEPTION INSUFFICIENCYOF SERVICE OF PROCESS, PEREMPTORY EXCEPTION OF NO CAUSE OF ACTION, AND PEREMPTORYEXCEPTION OF JUDICIAL ESTOPPEL

COMES NOW, Angelo A. Corceone, made Defendant herein, appearing herein in propria persona, who files herein his exceptions of Dilatory Exception of Unauthorized Use of A Summary Proceeding, Dilatory Exception of Insufficiency of Service of Process, Peremptory Exception of No Cause of Action, and Peremptory Exception of Judicial Estoppel. 1. Defendant would submit that since the Petitioner in the instant matter has failed within their petition to allege or posit to this Court that the judgments are an absolute nullity on any of the qualifying factors enumerated within LSA-C.C.P. art. 2002. Petitioner therefore can only bring their action praying for the nullity of a judgment based upon a vice of substance (fraud or ill practices) and as such must bring their action by means of a petition not by summary proceedings as they have done such the dilatory exception of improper use of a summary proceeding applies. 2. Our Courts have repeatedly held than an action for nullity based upon a vice of substance (fraud or ill practices) should be instituted by petition, with citation and proper service of process, utilizing an ordinary proceeding, rather than a summary proceeding or a contradictory motion or rule to show cause as such the Dilatory Exception of Insufficiency of Service of process applies. 3. Petitioner Motion is subject to the exception of no cause of action and/or no right of action in that the instant action brought by the Petitioner clearly is one brought by for the express purpose of annulling all judgments based upon those judgments being absolute nullities.
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Paragraph number 3 of the petitioner filed by Ms. Corceone states as follows: Petitioner avers since the suite was abandoned, anything purporting to be a judgment or order of this court in this suit is absolutely null on its face. The attack by the Petitioner on the validity of those judgments depends on those judgments being an absolute nullity based on a vice of form set forth in LSA-C.C.P. art. 2002. Petitioner fails state a cause of action within the allegations in the pleading filed of any of the qualifying factors enumerated within LSA-C.C.P. art. 2002, to and cannot state a cause of action to vacate the judgments as alleged or prayed for, nor can they cure their petition such that this Court should dismiss Petitioners request for the reasons stated herein, and their Motion to Vacate all Judgments should be dismissed with prejudice 4. In the instant matter the Petitioner should be precluded from pursuing their course of action to vacate the judgments and orders of this court due to Judicial Estopple. Petitioner now seems to wish to come before this Court subsequent to having failed to file a motion for reconsideration, supervisory writ, or appeal on any of the orders or judgments in order to get another bite at the apple and obtain an unfair advantage by taking contradictory position in litigation regarding rulings by this Court having been had after trial on support and also confessions of judgment before this Court. Defendant would submit that in the instant matter Judicial Estopple should apply to prevent the Petitioner from shifting positions to suit the exigencies of the moment Defendant would submit that judicial estoppel is proper in this matter before this Court as the actions of the Petitioner impose an unfair detriment and to prevent a gross injustice not only to the Defendant but also the best interests of the minor children. WHEREFORE, exceptor prays that this his motion be deemed good and sufficient and that the ex-parte motion seeking to vacate all judgments rendered by this Court by Petitioner Kimberly D. Corceone be dismissed. Defendant petitioner further prays that; 1. All exceptions be heard prior to any further proceeding for the claims

asserted herein by Petitioner Kimberly Corceone. 2. The exceptions be sustained and that a judgment be rendered, dismissing

the Petitioners claim(s) against Defendant Angelo Corceone and taxing all costs at Petitioners cost and that the Defendant be granted all costs and relevant attorneys fees in defense of same. 3. The exception of Dilatory Exception of Unauthorized Use of a Summary
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Proceeding be sustained and that a judgment be rendered ordering that Petitioner Kimberly Corceone Petitioners motion should be dismissed with prejudice. 4. The exceptions of Peremptory Exception of No Cause of Action and/or No

Right of Action be sustained and that a judgment be rendered ordering that Petitioner Kimberly Corceone Motion be dismissed with prejudice. 5. That the exception(s) for Dilatory Exception of Insufficiency of Service of

Process be sustained and that a judgment be rendered herein dismissing with prejudice or, in the alternative, Petitioner be ordered to serve her motion as required by law. 6. The exception of Peremptory Exception of Judicial Estoppel be sustained

and that a judgment be rendered ordering that Petitioner Kimberly Corceone Petitioners motion be dismissed with prejudice. Defendant further prays for any and all equitable relief which this Court may be inclined to grant. RESPECTFULLY SUBMITTED,

________________________ Angelo A. Corceone Pro Se 4161 Southpark Baton Rouge, Louisiana 70816 Telephone: 225-907-5534 Facsimile: 805-669-3235 Email: acorceone@yahoo.com

Please serve Defendant: Kimberly Corceone; Through her Counsel of Record at: KEELUS R. MILES, Esq. Bar Roll Number 29723 251 Florida St. Suite #311 Baton Rouge, LA 70801 Telephone: (225) 387-0880 Facsimile: (225) 381-0096 Attorney for: Kimberly Corceone Conformed Copy: Angelo A. Corceone 4161 Southpark Baton Rouge, Louisiana 70816 Telephone: 225-907-5534 Facsimile: 805-669-3235

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