Lexington National Insurance v. State of Louisiana ( 2019 )

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
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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.
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MRT
WRC
COURT OF APPEAL, FIRST CIRCUIT
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DEPUTY ffltK' OF COURT
FOR THE COURT