Lexington National Insurance v. State of Louisiana

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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

LEXINGTON NATIONAL INSURANCE NO. 2019 CW 0332 COMPANY PAGE 1 OF 2)

VERSUS

STATE OF LOUISIANA

AUG 0 5 2019

In Re: State of Louisiana, applying for supervisory writs,

19th Judicial District Court, Parish of East Baton Rouge, Nos. 660193, 660423.

BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.

WRIT GRANTED IN PART; WRIT NOT CONSIDERED IN PART. With regard to docket number 660193, the March 5, 2019 judgment of

the district court, which denied the exceptions of lack of

subject matter jurisdiction and improper venue, filed by defendant, the State of Louisiana, is reversed. This is a

direct action seeking the nullity of a judgment rendered by the 16th Judicial District Court, Parish of Iberia. In State v.

Norman, 94- 2475 ( La. App. lst Cir. 4/ 4/ 96), 672 So. 2d 407, this

court held that a bond forfeiture is a civil proceeding, and La. Code Civ. P. art. 2001, et seq., provides the exclusive grounds

for civil nullity actions. See also Piper v. Olinde Hardware & Supply Co., Inc., 288 So. 2d 626, 629 ( La. 1974) ( The venue

provided by La. Code Civ. P. art. 2006 is " not waivable and thus is jurisdictional".); Boyer v. Boyer, 96- 0346 ( La. App. 1st Cir. 1/ 23/ 97), 691 So. 2d 1234, 1244, writ denied, 97- 1415 ( La. 9/ 26/ 97), 701 So. 2d 984 (" The venue established in LSA- C. C. P. art. 2006 is nonwaivable."). Accordingly, subject matter

jurisdiction and venue herein are proper in the court which

issued the judgment sought to be annulled, which in this case is the 16th Judicial District Court, Parish of Iberia. Judgment is rendered in favor of defendant, the State of Louisiana, granting its exceptions of lack of subject matter jurisdiction and

improper venue. This matter is remanded to the trial court with instructions to transfer this proceeding to the 16th Judicial District Court, Parish of Iberia pursuant to La. Code Civ. P. art. 932( B).

This court will not consider relator' s request for supervisory review of the judgment in docket number 660423 because relator has improperly requested review of supervisory multiple judgments in a single writ application. Relator may only request supervisory review of the March 5, 2019 judgment in docket number 660423 by filing a separate writ application with

respect to this judgment.

Supplementation of this writ application and/ or an

application for rehearing will not be considered. Uniform Rules of Louisiana Courts of Appeal, Rules 4- 9 and 2- 18. 7. In the event relator seeks to file a new application with this court, such application must contain all pertinent information, and

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

NO. 2019 CW 0332 PAGE 2 OF 2)

must comply with Rule 2- 12. 2, Uniform Rules of Louisiana Courts of Appeal. Any new application must be filed on or before August 19, 2019, and must contain a copy of this ruling.

im MRT

WRC

COURT OF APPEAL, FIRST CIRCUIT

1 6 DEPUTY ffltK' OF COURT FOR THE COURT