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Int'l Fid. Ins. Co. v. State

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Sep 15, 2017
NO. 2017 CW 0807 (La. Ct. App. Sep. 15, 2017)

Opinion

NO. 2017 CW 0807

09-15-2017

INTERNATIONAL FIDELITY INSURANCE COMPANY v. STATE OF LOUISIANA


In Re: State of Louisiana, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 648124. BEFORE: McCLENDON, WELCH AND THERIOT, JJ.

WRIT GRANTED. The May 31, 2017 judgment of the district court, which denied the exceptions of lack of subject matter jurisdiction and improper venue, filed by defendant, the State of Louisiana, is reversed. This is a direct action seeking the nullity of a judgment rendered by the 15th Judicial District Court, Parish of Lafayette. In State v. Norman, 94-2475 (La. App. 1st Cir. 4/4/96), 672 So.2d 407, this court held that a bond forfeiture is a civil proceeding, and La. Code Civ. P. art. 2001, et seq., provides the exclusive grounds for civil nullity actions. See also Piper v. Olinde Hardware & Supply Co., Inc., 288 So.2d 626, 629 (La. 1974) (The venue provided by La. Code Civ. P. art. 2006 is "not waivable and thus is jurisdictional".); Boyer v. Boyer, 96-0346 (La. App. 1st Cir. 1/23/97), 691 So.2d 1234, 1244, writ denied, 97-1415 (La. 9/26/97), 701 So.2d 984 ("The venue established in LSA-C.C.P. art. 2006 is nonwaivable.") Accordingly, subject matter jurisdiction and venue herein are proper in the court which issued the judgment sought to be annulled, which in this case is the 15th Judicial District Court, Parish of Lafayette. Judgment is rendered in favor of defendant, the State of Louisiana, granting its exceptions of lack of subject matter jurisdiction and improper venue. This matter is remanded to the trial court with instructions to transfer this proceeding to the 15th Judicial District Court, Parish of Lafayette pursuant to La. Code Civ. P. art. 932(B).

JEW

MRT

PMc

COURT OF APPEAL, FIRST CIRCUIT /s/_________

DEPUTY CLERK OF COURT

FOR THE COURT


Summaries of

Int'l Fid. Ins. Co. v. State

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Sep 15, 2017
NO. 2017 CW 0807 (La. Ct. App. Sep. 15, 2017)
Case details for

Int'l Fid. Ins. Co. v. State

Case Details

Full title:INTERNATIONAL FIDELITY INSURANCE COMPANY v. STATE OF LOUISIANA

Court:STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: Sep 15, 2017

Citations

NO. 2017 CW 0807 (La. Ct. App. Sep. 15, 2017)