Wholesale Auto Group, Inc. VS The Louisiana Motor Vehicle Commission and The Louisiana Used Motor Vehicle Commission

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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT WHOLESALE AUTO GROUP, INC. 2019 NO. CW 0747 VERSUS THE LOUISIANA MOTOR AND USED VEHICLE COMMISSION Louisiana Motor In MOTOR Re: THE VEHICLE COMMISSION LOUISIANA BEFORE: of East WHIPPLE, CHUTZ, Vehicle Baton C. J., Commission, 19th writs, supervisory Parish OCT 2 8 2019 applying Judicial Rouge, Court, 678659. No. MCDONALD, District for McCLENDON, THERIOT, AND JJ. WRIT GRANTED. The trial court' 24, May s 2019 judgment the defendant' s, Motor Louisiana Vehicle Commission' s, denying Exception of Improper Venue and Exception of Improper Joinder of Parties/ Improper find that La. mandatory of 32: 1253( H) for the Actions, is dictates Jefferson Louisiana Motor hereby Vehicle reversed. Parish We as the Commission and ancillary venue doctrine as articulated in Underwood v. 97- 1997 ( La. 7/ 8/ 98), 714 So. 2d 715, and Hosp., St. 2008- 2670 ( La. 11/ 6/ 09), 25 Tammany Parish Hasp., Memorial Lane Black So. 3d R. S. for R. S. venue that the Cumulation v. 711, is not 32: 1253( H) the Louisiana East provides Louisiana is Vehicle Wholesale Auto Louisiana Used Motor as the against because s, Vehicle Parish as the Commission. dismissed plaintiff' present Commission Parish Vehicle action the Jefferson Rouge Motor the Commission Motor Baton Used 464, art. to applicable provides it case Group' s, Under action Commission. PMC MRT COURT OF APPEAL, DEPUTY FOR dissents and would deny the writ. FIRST CLERK OF THE CIRCUIT COURT COURT 32: 783 R. S. venue La. improperly JMM J., La. mandatory VGW Chutz, La. the mandatory venue and Louisiana was because Code Motor for Civ. the P. Vehicle joined to against the the

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