Blanchard Law Firm, LLC d/b/a Law Office of Kenneth L. Blanchard, Jr. v. Sharon Molden and Louis Delone, Co-Administrators of the Successions of David Delone, Jr. and Olivia Young Delone ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
BLANCHARD LAW FIRM, LLC D/ B/ A NO. 2020 CW 0185
LAW OFFICE OF KENNETH ( PAGE 1 OF 2)
BLANCHARD, JR.
VERSUS
SHARON MOLDEN AND LOUIS DELONE,
CO - ADMINISTRATORS OF THE APR 2 8 2020
SUCCESSIONS OF DAVID DELONE,
JR. AND OLIVA YOUNG DELONE
In Re. Blanchard Law Firm, LLC D/ B/ A Law Office of Kenneth
Blanchard, Jr., applying for supervisory writs,
Plaquemine City Court, Parish of Iberville, No. 19, 220
BEFORE: WHIPPLE, C. J., GUIDRY AND BURRIS, 1 JJ.
WRIT NOT CONSIDERED. The writ application fails to comply
with the Uniform Rules of Louisiana Courts of Appeal, Rule 4- 5.
Applicant did not include copies of either its memorandum in
opposition to the exception or its post - trial memorandum
submitted to the lower court in violation of Uniform Rules of
Louisiana Courts of Appeal, Rule 4- 5 ( C)( 8) and ( 9). Further,
while the minutes do not reflect that exhibits were offered at
the hearing, the written reasons for judgment references
evidence submitted. In order for this court to examine the
lower court' s ruling, it must be presented with the documents
and pleadings on which the judgment was founded as well as all
memoranda submitted in support or opposition to the exception.
Moreover, in light of the conflict between the minutes and the
lower court' s written reasons, additional documentation, such as
the hearing transcript, is needed.
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 Applicant seeks to file a new application with
this court, it must contain all pertinent documentation and must
comply with Rule 2- 12. 2 of the Uniform Rules of Louisiana Courts
of Appeal. Any new application must be filed on or before June
1, 2020 and must contain a copy of this ruling.
VGW
WJB
Guidry, J., dissents and would grant the writ. By alleging
that all unpaid legal services were performed at the offices of
plaintiff in the City cf Plaquemine, plaintiff, Blanchard Law
Firm, LLC d/ b/ a Law Office of Kenneth Blanchard, Jr., alleged
sufficient facts to establish that venue was proper in
Plaquemine City Court pursuant to La. Code Civ. P. arts. 74. 4( A)
and 4851( B). Elliott v. Amato and Creely, 2005- 0376 ( La. App.
1. judge Wil= iam . Burris, retired,
serving pro tempore by spec! a[ appointment
of cne Louisiana Supreme Court.
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
APR 2 8 220
2020 CW 0185
PAGE 2 OF 2)
1st Cir. 3/ 29/ 06), 934 So. 2d 779, 781. Because the grounds for
improper venue did not appear on the face of
the objection of
plaintiff' s petition, the burden was on defendants to offer
Evidence in support of their position. Id. at 782. Considering
the hearing on the
defendants' failure to offer any evidence at
exception, the allegations of the petition are accepted as
Price O. Martin Lumber Co., 2004- 0227 ( La. App.
true. v. Roy
1st Cir. 4/ 27/ 05), 915 So. 2d 816, 825, writ denied, 2005- 1390
La. 1/ 27/ 06), 922 So. 2d 543. Defendants failed to carry their
burden of that venue in Plaquemine City Court was
establishing
improper or that La. Code Civ. P. art. 81 was applicable to
plaintiff' s suit on open account to recover debts of the co -
administrators of the Successions of David Delone, Jr. and
Olivia Young Delone.
COURT OF APPEAL, FIRST CIRCUIT
ualt, 94
DEPUTY CLERK OF COURT
FOR THE COURT