Total Financial Group, LLC, Denis J. Joachim, Donna Pounds Joachim VS Defined Benefit Solutions, Inc. d/b/a Bene$mart, Michael Purr, Cheryl Fuzette, Richard O'Donnell, Christopher Peck and Edward Foster
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT TOTAL DENIS J. GROUP, FINANCIAL POUNDS JOACHIM, 2014 N0. LLC, CW 0113 DONNA JOACHIM VERSUS DEFINED BENEFIT D/ B/ A INC. PURR, MICHAEL SOLUTIONS, BENE$ MART, CHERYL RICHARD FUZETTE, 0' DONNELL, PECK CHRISTOPHER EDWARD AND In Re: Tota1 Joachim, Judicial 2013- 11 KUFiN, BEFORE: LLC, Group, Financial Pounds applying Court, District Joachim, J. Denis for rv i 22nd Tammany, No. supervisory Parish St. of Donna writs, 17 . WELCH, WRIT GRANTED trial the J Id FOSTER n j A E( court' HIGGINSOTHAM, IN PART AND IN DENIED 2014 9, January s THERIOT AND DRAKE, The PART. judgment JJ. that portion of the granted Exception of Lack of Personal Jurisdiction by Richard 0' Donnell" is hereby reversed, plaintiffs with lack of of throuqh the of lack that of of they pleaded with Accordingly, 98- 1740 In al1 other in The favor trial of court waived 11( 6/ for the So. 2d action, plead to at two are of waived exception the same other exception See lack the insufficiency and 0' Donnell . 722 98) , not court' s 0' Donnell 0' Donnell over the the of did over exception to respondents ( La. except matter jurisdiction their Pursuant all objections which may be raised Respondents respect 0' Donnell. over exception, subject jurisdiction personal Co. , the therein. personal process 925 { C) , art. over pleaded rendered exception. jurisdiction declinatory jurisdiction unless P. that is respondents to plead the declinatory exception personal Civ. Code La. to respect erred in allowing judgment and of time service defendants . lack of Vardaman of Airosol v. 985 the writ is denied on the showing made. respects, MRT EGD JEW Kuhn We Higginbotham, and find that JJ. , relators concur have in part and demonstrated dissent that in part. service was effected on Christopher Peck under Louisiana' s long- arm statute. Respondents did not offer any evidence or testimony to support the " Exception of of Service of Process" on Insufficiency Christopher court' s January Otherwise, granting Richard Peck. 9, Accordingly, 2014 judgment we that would reverse granted we concur in the majority' s reversal "the Exception 0' Donnell. " of Lack of Personal that the trial exception. of the judgment Jurisdiction by STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT 2014 CW 0113 Page COURT OF APPEAL, EPUTY FOR CLERK THE FIRST OF 2 CIRCUIT COURT COORT I
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