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"Venue means the parish where an action or proceeding may properly be brought and tried under the rules regulating the subject." (See La.Code Civ.P. art. 41; Hosp. Serv. of the LaSalle v. Walters (2022) 353 So. 3d 219, 224.)
“A suit against two or more defendants must be filed in a proper venue as to all defendants.” (See La.Code Civ.P. art. 463(2); Hosp. Serv. of the LaSalle v. Walters (2022) 353 So. 3d 219, 224.)
“The declinatory exception of improper venue is provided by La.Code Civ.P. art. 925(A)(4).” (See Hosp. Serv. of the LaSalle v. Walters (2022) 353 So. 3d 219, 224.)
“Any objection to venue is waived by failure of the defendant to timely plead the declinatory exception.” (See La.Code Civ.P. art. 44; Hosp. Serv. of the LaSalle v. Walters (2022) 353 So. 3d 219, 224.)
“Under the general rules of venue, an action against an individual who is domiciled in this state shall be brought in the parish of his domicile.” (See Chumley v. White (2011) 80 So. 3d 39, 42-43; La. C.C.P. art. 42(1).)
“However, the general rules of venue are subject to the exceptions provided by La. C.C.P. arts. 71–85 and as otherwise provided by law.” (See La. C.C.P. art. 43; Chumley v. White (2011) 80 So. 3d 39, 42-43.)
“The exceptions are 'part and parcel' of the general venue provision and are no longer strictly construed.” (See id; Nitro Gaming v. D.I. Foods (2000) 779 So. 2d 817, 820; Cacamo v. Liberty Mutual Fire Ins. Co. (2000) 1999–3479, 764 So.2d 41; Jordan v. Central Louisiana Elec. Co. (1995) 95–1270, 656 So.2d 988.)
“The exceptions may be used to supplement the general venue provision, and plaintiffs may choose any venue available under the general or supplementary venue provisions that fits the particular circumstances of their claims.” (See id.)
“The general rules for proper venue as to the defendant are found in La. C.C.P. art. 42. Louisiana C.C.P. art. 43, on the other hand, states that the general venue rules in art. 42 are subject to the exceptions contained in La. C.C.P. art. 71 through art. 85 and as otherwise provided by law, i.e., the exclusive venue provisions.” (See Hosp. Serv. of the LaSalle v. Walters (2022) 353 So. 3d 219, 224; Hubbard v. Pike (2007) 42,233, p. 4, 962 So.2d 1094, 1097.)
“A court should rule on a declinatory exception of improper venue prior to a peremptory exception filed before or at the same time.” (See Hosp. Serv. of the LaSalle v. Walters (2022) 353 So. 3d 219, 224; Schexnayder v. Gish (2006) 06-579 (La. 12/27/06), 948 So.2d 313.)
“As noted by the first circuit in Tran v. Drinkable Air, Inc., 21-182 (La.App. 1 Cir. 10/8/21), 330 So.3d 1125, the trial court has the legal power and authority to consider the peremptory exception only if it has personal jurisdiction. If the case is not filed in a parish of proper venue, then the trial court does not have the legal power and authority to consider the peremptory exception of no cause of action.” (See Hosp. Serv. of the LaSalle v. Walters (2022) 353 So. 3d 219, 224.)
“This is because if it is necessary to transfer the suit, the transferee court is not bound by a decision of the court from another parish.” (See id.)
“An appellate court conducts a de novo review of a trial court's ruling on an exception of venue since it presents a question of law.” (See Louisiana Pigment Co., L.P. v. Air Liquide America, L.P. (2014) 13-698, 149 So.3d 997 (as amended on rehearing 8/15/07); Hosp. Serv. of the LaSalle v. Walters (2022) 353 So. 3d 219, 224.)
“Of course, any factual findings made by the trial court are reviewed under the manifest error standard.” (See Rosell v. ESCO (1989) 549 So.2d 840; Chumley v. White (2011) 80 So. 3d 39, 42.)
It is well settled that “the objection to improper venue is raised by a declinatory exception. [A] judgment overruling the declinatory exception raising the objection of improper venue is an appealable judgment because it is an interlocutory judgment that may cause irreparable injury." (See La.Code. Civ.P. art. 925; ARC Industries, LLC v. Nungesser (2007) 970 So. 2d 690, 693; A P Boat Rentals, Inc. v. Am. Lloyd's (1991) 592 So.2d 1361, 1362; Aetna Ins. Co. v. Naquin (1986) 488 So.2d 950, 952.)
It is also well settled that “pursuant to La. C.C.P. art. 930, evidence may be presented at a hearing on a declinatory exception. If evidence is admitted at a hearing on a declinatory exception, the exception must be resolved on the evidence presented, rather than on the allegations in the petition. For purposes of a venue exception, the allegations of the plaintiff's petition are taken as true; however, when evidence is offered at a trial on the exception, the court is not bound to accept as true the allegations of the petition.” (See Woods v. ACE Am. Ins. Co., No. 23-C-450, at *3-4 (La. Ct. App. Oct. 31, 2023); Ameriprint, LLC v. Canon Financial Servs., Inc., 21-110 (La.App. 5 Cir. 5/24/21), 2021 WL 2093824, at *2 (unpublished writ disposition).)
May 28, 2024
District
Orleans Parish, LA
Petition To Make Judgment Executory
May 28, 2024
District
Orleans Parish, LA
Premises (Liability For Condition)
Torts
Premises Liability
May 28, 2024
District
Orleans Parish, LA
Petition To Make Judgment Executory
May 28, 2024
District
Orleans Parish, LA
Other (Special Proceeding)
May 28, 2024
District
Orleans Parish, LA
Breach Of Contract
Commercial
Breach of Contract
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District
Orleans Parish, LA
Injunction
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District
Orleans Parish, LA
Suit On Note With Foreclosure Of Mortgage
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Promissory Note
May 28, 2024
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Orleans Parish, LA
Petition To Probate Will (With Administration)
Probate
Estate Administration
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Orleans Parish, LA
Suit On Note With Foreclosure Of Mortgage
Creditor
Promissory Note
May 28, 2024
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Orleans Parish, LA
Petition To Probate Will (Without Administration)
Probate
Estate Administration
May 28, 2024
District
Orleans Parish, LA
Suit On Note With Foreclosure Of Mortgage
Creditor
Promissory Note
May 28, 2024
District
Orleans Parish, LA
Petition To Make Judgment Executory
May 28, 2024
Other
District
Orleans Parish, LA
Suit To Establish Child Support
Family
Child Support
May 24, 2024
District
Orleans Parish, LA
Open Account
May 24, 2024
District
Orleans Parish, LA
Injunction
May 24, 2024
District
Orleans Parish, LA
Petition To Make Judgment Executory
May 24, 2024
District
Orleans Parish, LA
Petition To Probate Will (Without Administration)
Probate
Estate Administration
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District
Orleans Parish, LA
Petition To Make Judgment Executory
May 24, 2024
District
Orleans Parish, LA
Petition To Probate Will (Without Administration)
Probate
Estate Administration
May 23, 2024
District
Orleans Parish, LA
Suit On Note With Foreclosure Of Mortgage
Creditor
Promissory Note
May 23, 2024
District
Orleans Parish, LA
Breach Of Contract
Commercial
Breach of Contract
May 23, 2024
District
Orleans Parish, LA
Petition To Probate Will (With Administration)
Probate
Estate Administration
May 22, 2024
District
Orleans Parish, LA
Open Account
May 22, 2024
District
Orleans Parish, LA
Open Account
May 22, 2024
District
Orleans Parish, LA
Petition To Probate Will (Without Administration)
Probate
Estate Administration
May 22, 2024
District
Orleans Parish, LA
Breach Of Contract
Commercial
Breach of Contract
May 22, 2024
District
Orleans Parish, LA
Other (Contract)
Commercial
Breach of Contract
May 22, 2024
District
Orleans Parish, LA
Open Account
May 22, 2024
District
Orleans Parish, LA
Open Account
May 22, 2024
District
Orleans Parish, LA
Petition To Make Judgment (Domestic)
May 22, 2024
District
Orleans Parish, LA
Custody (Not Filed With Separation Or Divorce)
Family
Divorce,Separation
May 22, 2024
District
Orleans Parish, LA
Suit On Note With Foreclosure Of Mortgage
Creditor
Promissory Note
May 22, 2024
District
Orleans Parish, LA
Other (Immovable Property)
May 22, 2024
District
Orleans Parish, LA
Open Account
May 21, 2024
District
Orleans Parish, LA
Petition To Make Judgment Executory
May 21, 2024
District
Orleans Parish, LA
Rent And/Or Eviction
Property
Landlord-Tenant
May 21, 2024
District
Orleans Parish, LA
Suit On Note With Foreclosure Of Mortgage
Creditor
Promissory Note
May 21, 2024
District
Orleans Parish, LA
Other (Probate)
Probate
General Probate
May 21, 2024
Other
District
Orleans Parish, LA
May 21, 2024
District
Orleans Parish, LA
Petition To Probate Will (With Administration)
Probate
Estate Administration
May 21, 2024
District
Orleans Parish, LA
Suit On Note With Foreclosure Of Mortgage
Creditor
Promissory Note
May 20, 2024
District
Orleans Parish, LA
Breach Of Contract
Commercial
Breach of Contract
May 20, 2024
District
Orleans Parish, LA
Open Account
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District
Orleans Parish, LA
Breach Of Contract
Commercial
Breach of Contract
May 20, 2024
District
Orleans Parish, LA
Rent And/Or Eviction
Property
Landlord-Tenant
May 20, 2024
District
Orleans Parish, LA
Suit On Note With Foreclosure Of Mortgage
Creditor
Promissory Note
May 17, 2024
District
Orleans Parish, LA
Suit On Note With Foreclosure Of Mortgage
Creditor
Promissory Note
May 17, 2024
District
Orleans Parish, LA
Suit On Note With Foreclosure Of Mortgage
Creditor
Promissory Note
May 17, 2024
District
Orleans Parish, LA
Suit On Note With Foreclosure Of Mortgage
Creditor
Promissory Note
May 17, 2024
District
Orleans Parish, LA
Breach Of Contract
Commercial
Breach of Contract
May 17, 2024
District
Orleans Parish, LA
Suit On Note With Foreclosure Of Mortgage
Creditor
Promissory Note
May 17, 2024
District
Orleans Parish, LA
Breach Of Contract
Commercial
Breach of Contract
May 17, 2024
District
Orleans Parish, LA
Premises (Liability For Condition)
Torts
Premises Liability
May 16, 2024
District
Orleans Parish, LA
Open Account
May 16, 2024
District
Orleans Parish, LA
Open Account
May 16, 2024
District
Orleans Parish, LA
Petition To Probate Will (Without Administration)
Probate
Estate Administration
May 16, 2024
District
Orleans Parish, LA
Open Account
May 16, 2024
District
Orleans Parish, LA
Open Account
May 16, 2024
District
Orleans Parish, LA
Suit On Note With Foreclosure Of Mortgage
Creditor
Promissory Note
May 16, 2024
District
Orleans Parish, LA
May 16, 2024
District
Orleans Parish, LA
Petition To Make Judgment Executory
May 15, 2024
District
Orleans Parish, LA
May 15, 2024
District
Orleans Parish, LA
Breach Of Contract
Commercial
Breach of Contract
May 15, 2024
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Orleans Parish, LA
Suit On Note With Foreclosure Of Chattel Mtg.
Creditor
Promissory Note
May 15, 2024
District
Orleans Parish, LA
Suit On Note With Foreclosure Of Mortgage
Creditor
Promissory Note
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District
Orleans Parish, LA
Declaratory Judgment
May 15, 2024
District
Orleans Parish, LA
Open Account
May 15, 2024
District
Orleans Parish, LA
Suit On Note With Foreclosure Of Mortgage
Creditor
Promissory Note
May 15, 2024
District
Orleans Parish, LA
Other (Probate)
Probate
General Probate
May 15, 2024
Other
District
Orleans Parish, LA
Other (Special Proceeding)
May 15, 2024
District
Orleans Parish, LA
Injunction
May 15, 2024
District
Orleans Parish, LA
Other (Probate)
Probate
General Probate
May 15, 2024
District
Orleans Parish, LA
Suit On Note With Foreclosure Of Mortgage
Creditor
Promissory Note
May 15, 2024
District
Orleans Parish, LA
Open Account
May 15, 2024
Other
District
Orleans Parish, LA
May 14, 2024
District
Orleans Parish, LA
Intentional Tort
Torts
Intentional Torts
May 14, 2024
District
Orleans Parish, LA
Suit On Note With Foreclosure Of Mortgage
Creditor
Promissory Note
May 14, 2024
District
Orleans Parish, LA
Open Account
May 14, 2024
District
Orleans Parish, LA
Breach Of Contract
Commercial
Breach of Contract
May 14, 2024
District
Orleans Parish, LA
Open Account
May 14, 2024
District
Orleans Parish, LA
Open Account
May 14, 2024
District
Orleans Parish, LA
Open Account
May 14, 2024
District
Orleans Parish, LA
Mandamus To Cancel Mortgage
Property
Foreclosure
May 14, 2024
District
Orleans Parish, LA
Petition To Probate Will (Without Administration)
Probate
Estate Administration
May 14, 2024
District
Orleans Parish, LA
May 14, 2024
Other
District
Orleans Parish, LA
May 14, 2024
District
Orleans Parish, LA
Open Account
May 14, 2024
District
Orleans Parish, LA
Other (Probate)
Probate
General Probate
May 14, 2024
Other
District
Orleans Parish, LA
Suit To Establish Child Support
Family
Child Support
May 14, 2024
District
Orleans Parish, LA
Breach Of Contract
Commercial
Breach of Contract
May 14, 2024
District
Orleans Parish, LA
Open Account
May 14, 2024
District
Orleans Parish, LA
Other (Special Proceeding)
May 14, 2024
District
Orleans Parish, LA
Open Account
May 14, 2024
Other
District
Orleans Parish, LA
Suit To Establish Child Support
Family
Child Support
May 14, 2024
District
Orleans Parish, LA
Other (Immovable Property)
May 14, 2024
District
Orleans Parish, LA
Other (Immovable Property)
May 14, 2024
Other
District
Orleans Parish, LA
Suit To Establish Child Support
Family
Child Support
May 14, 2024
Other
District
Orleans Parish, LA
Suit To Establish Child Support
Family
Child Support
May 14, 2024
District
Orleans Parish, LA
Hurricane Suit
Insurance
General Insurance
May 13, 2024
District
Orleans Parish, LA
Declaratory Judgment
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