Charlotte Brown VS James Booth, II, Individually and as the Parent of Zoe Booth, Zoe Booth and USAA Casualty Insurance Company
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STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO BROWN CHARLOTTE 2013 CW 0222 VERSUS JAMES BOOTH II INDIVIDUALLY PARENT OF AND AS THE ZOE BOOTH ZOE CASUALTY BOOTH AND USAA INSURANCE COMPANY In Re USAA Casualty Insurance Company and Zoe Booth 19th for writs Judicial supervisory applying District Court Parish of East Baton Rouge No APR 2 2 3 607526 WHIPPLE BEFORE WRIT GRANTED court matter dated is J C McCLENDON AND HIGGINBOTHAM JUDGMENT December remanded the Parish of East The judgment of the trial This hereby vacated VACATED the Baton is 2012 20 to 19th Judicial Rouge the merits of the defendants JJ for a District hearing Court for and ruling on declinatory exception raising Louisiana Civil Code of objection prescription Article 3462 provides that i a suit is commenced in an f incompetent court or in an improper venue prescription is interrupted only as to a defendant served by process within the prescriptive period Herein none of the defendants were served within the one year prescriptive period for as Code delictual actions provided by Louisiana Civil article 3492 Thus in determining whether this suit was the 19th Judicial District Court must iritiated timely make a determination of whether venue was proper in Orleans See Land v where the suit was originally filed Parish the Vidrine 1342 2010 Phillips v 2d So 246 La Patterson rehearing 11 15 3 Ins Co denied 2d So 788 VGW PMc TDIIi COURT OF APPEAL FIRST CIRCUIT I LF c o 3 EPUTY CLERK FOR THE OF COURT COURT 62 3d So 2748 97 2748 97 36 La La 42 see also 98 9 1 704 98 20 2 709
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