Blanchard Law Firm, LLC d/b/a Law Office of Kenneth L. Blanchard, Jr. v. Sharon Molden and Louis Delone, Co-Administrators of the Successions of David Delone, Jr. and Olivia Young Delone

• Court: Louisiana Court of Appeal
• Decided: April 28, 2020
• Docket: 2020CW0185
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

BLANCHARD LAW FIRM, LLC D/ B/ A NO. 2020 CW 0185

LAW OFFICE OF KENNETH ( PAGE 1 OF 2)

BLANCHARD, JR.

VERSUS

SHARON MOLDEN AND LOUIS DELONE, CO - ADMINISTRATORS OF THE APR 2 8 2020 SUCCESSIONS OF DAVID DELONE,

JR. AND OLIVA YOUNG DELONE

In Re. Blanchard Law Firm, LLC D/ B/ A Law Office of Kenneth

Blanchard, Jr., applying for supervisory writs,

Plaquemine City Court, Parish of Iberville, No. 19, 220

BEFORE: WHIPPLE, C. J., GUIDRY AND BURRIS, 1 JJ.

WRIT NOT CONSIDERED. The writ application fails to comply with the Uniform Rules of Louisiana Courts of Appeal, Rule 4- 5. Applicant did not include copies of either its memorandum in opposition to the exception or its post - trial memorandum

submitted to the lower court in violation of Uniform Rules of

Louisiana Courts of Appeal, Rule 4- 5 ( C)( 8) and ( 9). Further, while the minutes do not reflect that exhibits were offered at

the hearing, the written reasons for judgment references

evidence submitted. In order for this court to examine the lower court' s ruling, it must be presented with the documents and pleadings on which the judgment was founded as well as all

memoranda submitted in support or opposition to the exception.

Moreover, in light of the conflict between the minutes and the

lower court' s written reasons, additional documentation, such as

the hearing transcript, is needed.

Supplementation of this writ application and/ or an

application for rehearing will not be considered. Uniform Rules of Louisiana Courts of Appeal, Rules 4- 9 and 2- 18. 7.

In the event Applicant seeks to file a new application with this court, it must contain all pertinent documentation and must comply with Rule 2- 12. 2 of the Uniform Rules of Louisiana Courts of Appeal. Any new application must be filed on or before June 1, 2020 and must contain a copy of this ruling.

VGW WJB

Guidry, J., dissents and would grant the writ. By alleging that all unpaid legal services were performed at the offices of

plaintiff in the City cf Plaquemine, plaintiff, Blanchard Law Firm, LLC d/ b/ a Law Office of Kenneth Blanchard, Jr., alleged

sufficient facts to establish that venue was proper in Plaquemine City Court pursuant to La. Code Civ. P. arts. 74. 4( A) and 4851( B). Elliott v. Amato and Creely, 2005- 0376 ( La. App.

1. judge Wil= iam . Burris, retired, serving pro tempore by spec! a[ appointment

of cne Louisiana Supreme Court. STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT APR 2 8 220 2020 CW 0185 PAGE 2 OF 2)

1st Cir. 3/ 29/ 06), 934 So. 2d 779, 781. Because the grounds for

improper venue did not appear on the face of the objection of

plaintiff' s petition, the burden was on defendants to offer

Evidence in support of their position. Id. at 782. Considering the hearing on the defendants' failure to offer any evidence at exception, the allegations of the petition are accepted as

Price O. Martin Lumber Co., 2004- 0227 ( La. App. true. v. Roy 1st Cir. 4/ 27/ 05), 915 So. 2d 816, 825, writ denied, 2005- 1390

La. 1/ 27/ 06), 922 So. 2d 543. Defendants failed to carry their burden of that venue in Plaquemine City Court was establishing improper or that La. Code Civ. P. art. 81 was applicable to

plaintiff' s suit on open account to recover debts of the co -

administrators of the Successions of David Delone, Jr. and

Olivia Young Delone.

COURT OF APPEAL, FIRST CIRCUIT

ualt, 94 DEPUTY CLERK OF COURT FOR THE COURT