Opinion
NO. 2015 CW 0254
04-21-2015
JOSEPH A. KUNSTLER AND C. DEAN NEWTON v. LTSKC, INC., THOMAS A. PARSONS, AND IVAN T. CABRERA
In Re: LTSKC, Inc., Thomas A. Parsons, and Ivan T. Cabrera, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 632857. BEFORE: PETTIGREW, WELCH, AND CHUTZ, JJ.
WRIT DENIED AND REQUEST FOR STAY DENIED.
JTP
JEW
Chutz, J., dissents in part and concurs in part. I would reverse that portion of the January 12, 2015 district court ruling overruling the declinatory exception of improper venue filed by defendants LTSKC, Inc., Thomas A. Parsons, and Ivan T. Cabrera and would enter judgment in their favor, sustaining the exception. Venue in this derivative action is proper in Iberville Parish. See La. Code Civ. P. art. 614. I, therefore, would remand the matter to the trial court for transfer to Iberville Parish or, in the alternative, dismissal in accordance with La. Code Civ. P. art. 121. In all other respects, I concur with the ruling of the majority. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT