Opinion
NO. 2017 CW 0396
06-30-2017
THE LATHAN COMPANY, INC. v. THE STATE OF LOUISIANA, DIVISION OF ADMINISTRATION, OFFICE OF FACILITY PLANNING AND CONTROL
In Re: State of Louisiana, Division of Administration, Office of Facility Planning and Control, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 647686. BEFORE: McDONALD, McCLENDON, HIGGINBOTHAM, CRAIN AND HOLDRIDGE, JJ.
WRIT GRANTED. The district court's February 9, 2017 judgment, which denied the Declinatory Exception of Insufficiency of Service of Process filed by defendant, State of Louisiana, Division of Administration, Office of Facility Planning and Control, is reversed. La. R.S. 13:5107(A)(2) requires that service of a suit filed against the State of Louisiana shall be requested upon the Attorney General within ninety days of filing suit. Plaintiff herein, The Lathan Company, Inc., failed to comply with this provision. Accordingly, the Declinatory Exception of Insufficiency of Service of Process filed by defendant, State of Louisiana, Division of Administration, Office of Facility Planning and Control, is granted, and this action is dismissed as to this defendant without prejudice. See La. Code Civ. P. art. 932(A).
TMH
GH
JMM
McClendon and Crain, JJ., dissent and would deny on the showing made. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT