Ayanna Wilson and Kalanjoe Wilson v. Susan R. Watson and Capital Area Transit System

Opinion

I

AYANNA WILSON AND KALANJOE NO. 2024 CW 1316 WILSON

VERSUS

SUSAN R. WATSON, AND CAPITAL MARCH 14, 2025 AREA TRANSIT SYSTEM

In Re: Capital Area Transit System and Susan R. Watson,

applying for supervisory writs, 19th Judicial District

Court, Parish of East Baton Rouge, No. 741258.

BEFORE: THERIOT, HESTER, AND EDWARDS, JJ.

WRIT GRANTED. The trial court' s November 22, 2024 judgment

denying the motion for involuntary dismissal filed by Capital Area Transit System and Susan R. Watson is reversed. Plaintiffs, Ayanna

Wilson and Kalanjoe Wilson, failed to request service of their

petition within 90 days of its filing, as required by La. Code Civ. P. art. 1201( C) and La. R. S. 13: 5107( D). The trial court

legally erred by finding plaintiffs demonstrated good cause for

their failure to timely request service. See Igbinoghene v. St. Paul Travelers Ins. Co., 2011- 0124 ( La. 4/ 4/ 11), 58 So. 3d 452 ( per

curiam) ; Miller v. Hirstius, 2022- 0740 ( La. App. 1st Cir.' 3/ 15/ 23), 363 So. 3d 532. Accordingly, the motion for involuntary dismissal filed by Capital Area Transit System and Susan R. Watson is granted, and the claims of Ayanna Wilson and Kalanjoe Wilson against Capital Area Transit System and Susan R. Watson are

dismissed without prejudice. See La. Code Civ. P. art. 1672( C).

MRT CHH BDE

COURT OF APPEAL, FIRST CIRCUIT

TY CLERK OF COURT FOR THE COURT