Opinion
NO. 2017 CW 1638
06-25-2018
BERLON JONES v. WEEKS MARINE, INCORPORATED
In Re: Weeks Marine, Inc., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 659660. BEFORE: GUIDRY, PETTIGREW AND CRAIN, JJ.
WRIT GRANTED WITH ORDER. Upon our de novo review, we find the trial court erred in denying Weeks Marine, Inc.'s Declinatory Exception of Improper Venue on October 31, 2017. See La. Code Civ. P. art. 42; Belser v. St. Paul Fire & Marine Ins. Co., 509 So.2d 12 (La. App. 1st Cir. 5/27/87). The Petition contains no allegations as to East Baton Rouge Parish, and no evidence was introduced by either party. Accordingly, this exception must be decided based on the allegations of the Petition. See Sorrento Companies, Inc. v. Honeywell International, Inc., 2004-1884 (La. App. 1st Cir. 9/23/05), 916 So.2d 1156. The Declinatory Exception of Improper Venue filed by Weeks Marine, Inc. is sustained, and this matter is remanded to the 19th Judicial District Court for the limited purpose of transferring this matter to the 22nd Judicial District Court of St. Tammany Parish. La. Code Civ. P. art. 121.
WJC
JMG
JTP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT