Roberta Steele Eunson v. CMC Forestry, L.L.C., Wendell King, Delta Timber Co., L.L.C., and Regan Campbell (Vacated and remanded.)
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Judgment rendered June 26, 2013. Application for rehearing may be filed within the delay allowed by art. 2166, La. C.C.P. No. 48,172-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA ***** ROBERTA STEELE EUNSON Plaintiff-Appellant Versus CMC FORESTRY, L.L.C., WENDELL KING, DELTA TIMBER CO., L.L.C., AND REGAN CAMPBELL Defendant-Appellee ***** Appealed from the Third Judicial District Court for the Parish of Union, Louisiana Trial Court No. 45,151 Honorable R. Wayne Smith, Judge ***** NELSON, ZENTNER, SARTOR & SNELLINGS, LLC By: Fred Williams Sartor, Jr. Allison M. Jarrell Counsel for Appellant COOK, YANCEY, KING & GALLOWAY By: Brian A. Homza Counsel for Appellee ***** Before BROWN, STEWART and DREW, JJ. NOT DESIGNATED FOR PUBLICATION. Rule 2-16.3, Uniform Rules, Courts of Appeal. DREW, J.: Roberta Eunson filed suit against certain Arkansas residents and limited liability companies, seeking treble damages under La. R.S. 3:4278.1 and 3:4278.2, as well as damages for the violation of a timber cutting agreement. Long-arm citations to all defendants were issued by the clerk of court on the date the petition was filed. Regan Campbell filed exceptions of insufficiency of service and citation. He attached a proposed dispositive order, without provision for setting a hearing. As happens to most trial judges during a career, the order was inadvertently signed. Eunson has appealed, arguing that she should have been given the opportunity to oppose the exceptions prior to their being granted. Campbell concedes that the order should not have been signed. DISCUSSION The exceptions of insufficiency of citation and service of process are declinatory exceptions and must be tried before trial.1 Moreover, once the exceptions were sustained, Eunson had the right to remove the grounds pled in the exceptions. DECREE At Campbell s cost, we vacate the judgment below and remand for trial on the exception, or for Campbell to withdraw his exceptions, if now satisfied. VACATED AND REMANDED. 1 La. C.C.P. art. 925.
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