Charles A. Rivault, Arthur R. Lejeune, Claudia J. Lejeune, William J. Gibson, and Audubon Terrace Resident Homeowners Association v. America Homeland, LLC

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

CHARLES A. RIVAULT, ARTHUR NO. 2019 CW 1587 R. LEJEUNE, CLAUDIA J. LEJEUNE, WILLIAM J. GIBSON, AND AUDUBON TERRACE RESIDENT HOMEOWNERS ASSOCIATION

VERSUS FEB 1 0 2020 AMERICA HOMELAND, LLC

In Re: America Homeland, LLC, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 650708.

BEFORE: MCCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT DENIED.

PMc GH

Welch, J., concurs in part and dissents in part. I dissent and would reverse, in part, the trial court' s November 9, 2019 judgment which granted the exception of lack of subject matter jurisdiction filed by plaintiffs -defendants - in -reconvention and third party defendants and vacated the court' s August 7, 2019 judgment granting leave of court to America Homeland, L. L. C. to file its Second Amending Supplemental and Answer, Affirmative Defense Exceptions and Reconventional Demand, only to the extent that this amended to pleading sought amend and supplement the third party demand. The April 16, 2019 judgment which is the subject of the devolutive appeal order signed on May 28, 2019 did not affect the third party demand filed by America Homeland, L. L. C., and therefore, the trial court is not divested of

jurisdiction over the third party demand. See La. Code Civ. P. art. 2088( A). To the extent that this second amended pleading amended or supplemented the response to plaintiff' s claims or the reconventional demand which are the subjects of the April 16, 2019 judgment, I concur in the denial of the writ.

COURT OF APPEAL, FIRST CIRCUIT

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DEPUTY CLER 0 COURT FOR THE COURT