Alice Garrett v. Department of Children and Family Services, Marlstone Properties LLC, and State of Louisiana Office of Risk Management

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

ALICE GARRETT NO. 2020 CW 1090

VERSUS

DEPARTMENT OF CHILDREN AND

FAMILY SERVICES, MARLSTONE PROPERTIES, LLC, AND STATE OF LOUISIANA OFFICE OF RISK DECEMBER 8, 2020 MANAGEMENT

In Re: The State of Louisiana, through the Department of

Children and Family Services, applying for supervisory writs, 22nd Judicial District Court, Parish of St.

Tammany, No. 2019- 16269.

BEFORE: HIGGINBOTHAM, THERIOT, AND WOLFE, JJ.

WRIT DENIED.

MRT

EW

Higginbotham, J., dissents and would grant the writ. I

would reverse the portion of the trial court' s October 2, 2020 judgment denying the exception of insufficiency of service of

process filed by the State of Louisiana, through the Department

of Children and Family Services. Plaintiff, Alice Garrett,

failed to show good cause for not requesting service on Marketa Garner Walters as the secretary of the Department of Children

and Family Services within ninety days of the commencement of

this action. La. R. S. 13: 5107; Dominick v. Grambling State

University by and Through Board of Supervisors for University of Louisiana, 2019- 1402 ( La. App. 1st Cir. 7/ 24/ 20), So. 3d , 2020 WL 4250826, * 4. Accordingly, I would grant the exception

of insufficiency of service of process and dismiss the

plaintiff' s claims against the State of Louisiana, through the Department of Children and Family Services, without prejudice

pursuant to La. R. S. 13: 5107( D)( 2).

q" EPUTY LER v OF COURT FOR THE COURT