
    Susan Elizabeth Jackson PICCIONE v. Richard James PICCIONE.
    No. 2009-CJ-2718.
    Supreme Court of Louisiana.
    Feb. 26, 2010.
   In re Piccione, Susan Elizabeth Jackson;' — Plaintiff; Applying For Writ of Cer-tiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. M, No. 99-3217; to the Court of Appeal, Third Circuit, No. 09-300.

Denied.

KNOLL, J.,

additionally concurs in the denial. The court of appeal reached the correct result in finding the father states a cause of action for a modification of physical custody. Any discussion regarding the applicable burden of proof at the hearing is dicta.

WEIMER, J., would grant.  