Opinion
NO. 2013 CW 1897
01-17-2014
INTEL@HOME, LLC v. RONALD REINE
In Re: Ronald Reine, applying for supervisory writs, 21st Judicial District Court, Parish of Livingston, No. 136,822.
BEFORE: PETTI GREW, McDONALD, AND McCLENDON, JJ.
WRIT GRANTED. Following our de novo review, we find the relator, Ronald Reine, submitted sufficient evidence to show he did not enter into an open account in Livingston Parish. As such, the additional venue provision of La. C.C.P. art. 74.4 does not apply herein. Under the general venue provision, La. C.C.P. art. 42, a suit against an individual who is domiciled in the state must be brought in the parish of his domicile. Accordingly, venue is proper only in St. Tammany Parish as that is where respondent is domiciled. The decision of the district court is reversed and the declinatory exception raising the objection of improper venue is granted. This matter is remanded to the district court so that it may determine whether this action should be transferred to a proper court in the interest of justice. La. C.C.P. art. 932(B).
PMc
JTP
JMM
COURT OF APPEAL, FIRST CIRCUIT __________
DEPUTY CLERK OF COURT
FOR THE COURT