Opinion
NO. 2014 CW 1678
11-26-2014
KAREN ARNOUVILLE, CHRIS ARNOUVILLE, AND FELICIA RAY v. ANNIE H. CROWE AND SHELTER MUTUAL INSURANCE
In Re: Annie H. Crowe and Shelter Mutual Insurance, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 2012-2071.
BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.
WRIT DENIED. As the parties have an adequate remedy by review on appeal after a final judgment is rendered, we decline to exercise supervisory jurisdiction.
TMH
VGW
McClendon, J., would dissent and would grant the writ in part with order. Neither the federal court nor the trial court has ruled on jurisdiction. Before ruling on the issue of prescription, the trial court must make further inquiry into Ms. Crowe's domicile at the time this matter was originally filed in federal court in order to correctly ascertain whether the federal court was a court of competent jurisdiction. See White v. Entergy Gulf States, Inc., 2003-2074 (La. App. 4th Cir. 6/16/04), 878 So.2d 786. Only then can a proper determination be made as to whether respondents' case has prescribed.Id. I would reverse the trial court's denial of the peremptory exception of prescription and remand for further proceedings. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT