INDEPENDENT REAL ESTATE INVESTMENT GROUP, LLC Vs. BRONWYN ALFANO

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INDEPENDENT REAL ESTATE INVESTMENT GROUP, LLC * NO. 2019-CA-0118 * COURT OF APPEAL VERSUS * FOURTH CIRCUIT BRONWYN ALFANO * STATE OF LOUISIANA * * ******* LEDET, J., CONCURS WITH REASONS I disagree with the majority’s finding that the appellee, Darnay Kastl, did not make a general appearance, waiving his declinatory exception of improper service. Filing of a pleading constitutes a general appearance. See Dazet Mortgage Sols. LLC v. Faia, 12-486, p. 5 (La. App. 5 Cir. 4/10/13), 116 So.3d 711, 715-16 (observing that a party can waive an objection to the jurisdiction of the court by an appearance of record, which includes “filing a pleading, appearing at a hearing, or formally enrolling as counsel of record”). A motion is a pleading. See La. C.C.P. art. 852 (providing that “[t]he pleadings allowed in civil actions . . . shall consist of petitions, exceptions, written motions, and answers”). Here, Mr. Kastl simultaneously filed both two exceptions—a declinatory exception of insufficiency of service and a peremptory exception of no cause of action—and a motion on the merits to remove the lien. By filing the motion, he made a general appearance. Accordingly, I concur.

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