FRANK W. PARKER Vs. RITE AID CORPORATION
Annotate this Case
Download PDF
FRANK W. PARKER * NO. 2003-C-0208 VERSUS * COURT OF APPEAL RITE AID CORPORATION * FOURTH CIRCUIT * STATE OF LOUISIANA * * ******* ON APPLICATION FOR WRITS DIRECTED TO CIVIL DISTRICT COURT, ORLEANS PARISH NO. 01-14686, DIVISION “N” HONORABLE ETHEL SIMMS JULIEN, JUDGE ****** JUDGE MAX N. TOBIAS, JR. ****** (COURT COMPOSED OF JUDGE CHARLES R. JONES, JUDGE JAMES F. MCKAY, III, AND JUDGE MAX N. TOBIAS, JR.) LAWRENCE G. PUGH ALISON S. BORISON EDWARD R. MCGOWAN MONTGOMERY, BARNETT, BROWN, READ, HAMMOND & MINTZ, L.L.P. 1100 Poydras Street 3200 Energy Centre New Orleans, LA 70163-3200 COUNSEL FOR DEFENDANT/RELATOR PRESTON G. SUTHERLAND 4702 CANAL STREET NEW ORLEANS, LA 70119-5810 COUNSEL FOR PLAINTIFF/RESPONDENT SUPERVISORY WRIT GRANTED; JUDGMENT AFFIRMED. We grant the application for a supervisory writ of the defendant/relator, Rite Aid Corporation, to determine whether the trial court erred in denying the defendant/relator’s motion to dismiss without prejudice the plaintiff/respondent’s suit for failure to request service of the petition upon the defendant/relator within ninety (90) days. See La. C.C.P. arts. 1201(C) and 1672(C). For the following reasons, we affirm. The petition as originally filed by the plaintiff/respondent requested service upon the defendant/relator through its registered agent for service of process. At the time of the filing of the petition, the plaintiff/respondent did not deliver a payment for the service of the petition to the civil sheriff as is the custom with the Orleans Parish Civil Sheriff. The precise issue before us is to whom must the request for service be made, for neither La. C.C.P. art. 1201(C) nor La. C.C.P. art. 1672 (C) mandates to whom the request for service should be made. Under La. C.C.P. art. 1202, the clerk must issue the citation under the clerk’s signature and seal of the court. (A citation must accompany a certified copy of the petition in order to complete proper citation and service.) It therefore follows that the initial request for service should be made to the clerk of court, not the civil sheriff. The plaintiff/respondent in the case at bar made the request for service to the clerk of court at the time of filing of his petition. The requirements of La. C.C.P. arts. 1201(C) and 1672(C) have been met. Accordingly, we find that the plaintiff/respondent timely made a request for service of the petition. The trial court did not err. SUPERVISORY WRIT GRANTED; JUDGMENT AFFIRMED.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
