From Casetext: Smarter Legal Research

Young v. Sledge

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Sep 18, 2020
NO. 2020 CW 0332 (La. Ct. App. Sep. 18, 2020)

Opinion

NO. 2020 CW 0332

09-18-2020

PHILLIP YOUNG v. C. BRITAIN SLEDGE, III, ROLLING, PERRILLOUX & SLEDGE, LLC AND XYZ INSURANCE COMPANY


In Re: C. Britain Sledge, III and Rolling, Perrilloux & Sledge, LLC, applying for supervisory writs, 18th Judicial District Court, Parish of Iberville, No. 79055. BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT DENIED.

PMc

JEW

Holdridge, J., dissents and would grant the writ and reverse the trial court's April 2, 2020 judgment denying the declinatory exception of improper venue filed by defendants, C. Britain Sledge, III and Rolling, Perrilloux & Sledge, LLC. The proper venue for a legal malpractice case would be the defendant's domicile under La. Code Civ. P. art. 42 (1) or where the wrongful conduct occurred or the damages were sustained under La. Code Civ. P. art. 74. In this case, the defendants and the plaintiff were both domiciled in Tangipahoa Parish. Therefore, the parish where the defendants were domiciled and where the damage to the plaintiff was sustained were both in Tangipahoa Parish. Lastly, the question is where did the wrongful conduct occur? The wrongful conduct occurred in the defendants' law office in Tangipahoa Parish where the original of plaintiff's petition was not timely mailed to the Clerk of Court of Iberville Parish. In this case, under both La. Code Civ. P. art. 42(1) and art. 74, the only proper venue for the plaintiff's suit is Tangipahoa Parish. Accordingly, I would grant the defendants' exception raising the objection of improper venue and remand this matter to the trial court with instructions to transfer this matter to Tangipahoa Parish. COURT OF APPEAL, FIRST CIRCUIT /s/_________

DEPUTY CLERK OF COURT

FOR THE COURT


Summaries of

Young v. Sledge

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Sep 18, 2020
NO. 2020 CW 0332 (La. Ct. App. Sep. 18, 2020)
Case details for

Young v. Sledge

Case Details

Full title:PHILLIP YOUNG v. C. BRITAIN SLEDGE, III, ROLLING, PERRILLOUX & SLEDGE, LLC…

Court:STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: Sep 18, 2020

Citations

NO. 2020 CW 0332 (La. Ct. App. Sep. 18, 2020)