Miller v. Harper

2 Citing cases

  1. Amin v. Bakhaty

    798 So. 2d 75 (La. 2001)   Cited 22 times
    Holding that personal jurisdiction was established over the non-resident party when he commenced a civil action to enforce a legal right "by the filing of a pleading presenting the demand to a court of competent jurisdiction," as provided in LSA-C.C.P. art. 421 (a petition was filed in the East Baton Rouge Parish Family Court that was deemed a petition for child custody under Louisiana's fact-based system of pleading)

    However, our lower courts have generally approached the limitations imposed by the UCCJA as equivalent to declarations of subject matter jurisdiction which mandate that the jurisdictional requirements of the UCCJA be met when the custody request is filed. See Miller v. Harper, 99-316 (La.App. 3 Cir. 10/13/99), 747 So.2d 642, 644; Renno v. Evans, 580 So.2d 945, 948 (La.App. 2 Cir. 1991). The UCCJA provides four alternatives as a basis for a state to assert jurisdiction: (1) "home state" jurisdiction; (2) "significant connection" jurisdiction; (3) "emergency" jurisdiction; and (4) "residual" jurisdiction.

  2. Lloyd v. Shady Lake Nursing Home, Inc.

    92 So. 3d 560 (La. Ct. App. 2012)   Cited 9 times
    In Lloyd, 92 So.3d 560, a widower and children brought a wrongful death action against the decedent wife's former employer, a nursing home.

    Where the lack of subject matter jurisdiction is not apparent on the face of the plaintiff's petition, the burden is on the defendant to offer evidence in support of the exception. La. C.C.P. art. 930; Miller v. Harper, 99–316 (La.App.3d Cir.10/13/99), 747 So.2d 642;Crockett v. State, Through Dept. of Public Safety and Corrections, 97–2528 (La.App.1st Cir.11/6/98), 721 So.2d 1081,writ denied,98–2997 (La.1/29/99), 736 So.2d 838. Here, the burden is on Shady Lake to prove that it is entitled to tort immunity under the workers' compensation provisions.