Opinion
NO. 2014 CW 1700
03-09-2015
DORIS CARNEY v. SPECIAL CARE SERVICES OF LOUISIANA, INC. D/B/A PRECISION CARE SERVICES
In Re: Belinda Denise Micheau, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 613375. BEFORE: GUIDRY, WELCH AND THERIOT, JJ.
WRIT DENIED. La. Code Civ. P. art. 1034 provides that a defendant in an incidental action may plead any of the exceptions available to a defendant in a principal action, and may raise any of the objections enumerated in La. Code Civ. P. arts. 925 through 927, except that an objection of improper venue may not be urged if the principal action has been instituted in the proper venue. Here, the principal action between plaintiff, Doris Carney, and defendants, Special Care Services of Louisiana, Inc. d/b/a Precision Care Services and Allstate Insurance Company, is filed in the proper venue; therefore, the third party defendant, Belinda Denise Micheau, is precluded by La. Code Civ. P. art. 1034 from urging an objection of venue in the incidental action.
JMG
JEW
MRT
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT