Opinion
2024 CW 0217
06-17-2024
JACOB MARTIN v. CADET CASSANDRA GREEN AND STATE OF LOUISIANA, THROUGH THE LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS RAYBURN CORRECTIONAL CENTER
In Re: Jacob Martin, applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. 115694.
BEFORE: GUIDRY, C.J., McCLENDON AND WELCH, JJ.
WRIT GRANTED WITH ORDER. The district court's October 6, 2023 judgment sustaining the declinatory exception of insufficiency of service of process and dismissing without prejudice plaintiff Jacob Martin's claims against defendant the State of Louisiana, through the Louisiana Department of Public Safety and Corrections Rayburn Correctional Center, is a final, appealable judgment. See La. Code Civ. P. art. 1915(A); Miller v. Hirstius, 2022-0740 (La.App. 1st Cir. 3/15/23), 363 So.3d 532, 536, n.2. Therefore, the writ is granted for the limited purpose of remanding this matter to the district court with instructions to grant an appeal to plaintiff, Jacob Martin, pursuant to the pleading that notified the district court of his intention to seek writs. See In re Howard , 541 So.2d 195 (La. 1989) (per curiam) . A copy of this court's order is to be included in the appellate record.
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