Opinion
NO. 2014 CW 1329
11-20-2014
KAREN RINARDO SPEIER AND ANTHONY H. SPEIER, JR. v. STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF AGRICULTURE AND FORESTRY, STATE OF LOUISIANA THROUGH THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, THE RECREATION AND PARK COMMISSION FOR THE PARISH OF EAST BATON ROUGE, PEGGY D. PATTY, AND ABC INSURANCE CO.
In Re: Peggy D. Patty, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 611658.
BEFORE: GUIDRY, THERIOT AND DRAKE, JJ.
WRIT DENIED.
JMG
MRT
Drake, J., dissents and would grant the writ. I would reverse the trial court's August 21, 2014 judgment, and grant the declinatory exception of insufficiency of service of process. The plaintiffs failed to timely request service of citation on defendant, Peggy D. Patty, as required by La. C.C.P. art. 1201 and failed to demonstrate good cause why service could not have been requested. La. C.C.P. art. 1672(C). COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT