Charles Hamner v. College Drive Holding, L.L.C., Live Oak Arabians, Inc., Covington & Associates Real Estate, LLC., ABC Insurance Company, Travelers Indemnity Company of Connecticut & State Farm Fire & Casualty Company

• Court: Louisiana Court of Appeal
• Decided: November 1, 2023
• Docket: 2023CW0854
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT CHARLES HAMNER NO. 2023 CW 0854 VERSUS

COLLEGE DRIVE HOLDING, LLC, LIVE OAK ARABIANS, INC., COVINGTON & ASSOCIATES REAL ESTATE, LLC., ABC INSURANCE COMPANY, TRAVELERS INDEMNITY COMPANY OF CONNECTICUT AND NOVEMBER 1, 2023 STATE FARM FIRE AND CASUALTY COMPANY

In Re: Travelers Indemnity Company of Connecticut, Live Oak Arabians, Inc., College Drive Holdings, LLC, and Covington and Associates Real Estate, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 713486.

BEFORE: WELCH, HOLDRIDGE, AND WOLFE, JJ.

WRIT GRANTED. The district court's July 6, 2023 judgment denying the declinatory exception of insufficiency of service of process filed by defendants, Travelers Indemnity Company of Connecticut, Live Oak Arabians, College Drive Holdings, LLC, and Covington and Associates Real Estate, is reversed. Plaintiff, Charles Hamner, failed to show good cause for not timely requesting service on the defendants. See La. Code Civ. P. arts. 1201 and 1672; Dominick v. Grambling State University by and Through Board of Supervisors for University of Louisiana, 2019- 1402 (La. App. 1st Cir. 7/24/20), 309 So.3d 384. We therefore grant the exception of insufficiency of service of process and dismiss plaintiff's claims against defendants without prejudice.

JEW EW

Holdridge, J., concurs. Dismissal of this action d6es not affect the plaintiff's ability to refile his petition, as his original petition interrupted prescription. See La. Ci v. Code arts. 3463(A) and 3466; see, e.g., Bordelon v. Medical Center of Baton Rouge, 2003-0202 (La. 10/21/03), 871 So.2d 1075.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT