Opinion
NO. 2020 CW 1090
12-08-2020
ALICE GARRETT v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES, MARLSTONE PROPERTIES, LLC, AND STATE OF LOUISIANA OFFICE OF RISK MANAGEMENT
In Re: The State of Louisiana, through the Department of Children and Family Services, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2019-16269. BEFORE: HIGGINBOTHAM, THERIOT, AND WOLFE, JJ.
WRIT DENIED.
MRT
EW
Higginbotham, J., dissents and would grant the writ. I would reverse the portion of the trial court's October 2, 2020 judgment denying the exception of insufficiency of service of process filed by the State of Louisiana, through the Department of Children and Family Services. Plaintiff, Alice Garrett, failed to show good cause for not requesting service on Marketa Garner Walters as the secretary of the Department of Children and Family Services within ninety days of the commencement of this action. La. R.S. 13:5107; Dominick v. Grambling State University by and Through Board of Supervisors for University of Louisiana, 2019-1402 (La. App. 1st Cir. 7/24/20), ___ So.3d ___, 2020 WL 4250826, *4. Accordingly, I would grant the exception of insufficiency of service of process and dismiss the plaintiff's claims against the State of Louisiana, through the Department of Children and Family Services, without prejudice pursuant to La. R.S. 13:5107(D)(2). COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT