Comeaux v. Weill Construction Co.

Louisiana Court of Appeal

Comeaux v. Weill Construction Co.

502 So. 2d 139, 1987 La. App. LEXIS 8613

CourtLouisiana Court of Appeal

DecidedFebruary 4, 1987

DocketNo. 85-364

StatusPublished

Cited by1 cases

This text of 502 So. 2d 139 (Comeaux v. Weill Construction Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Comeaux v. Weill Construction Co., 502 So. 2d 139, 1987 La. App. LEXIS 8613 (La. Ct. App. 1987).

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Opinion

KNOLL, Judge.

For the foregoing reasons stated in the companion case of Bowman, et al. v. Weill Construction Company, et al., 502 So.2d 133 (La.App. 3rd Cir.1987), in which a separate decision is being rendered by us this day, we affirm the trial court’s judgment sustaining Beaver’s exceptions of insufficiency of citation and service of process. However, we reverse the trial court’s judgment sustaining Beaver’s exception of lack of personal jurisdiction and its dismissal of plaintiffs’ suit against Beaver. We remand this case to the trial court to enter an order allowing plaintiffs a delay within which to supplement the record with proof of citation and service of process according to the Long Arm Statute further, right is reserved to Beaver to reurge its exception to jurisdiction, supported by proper proof if it elects to do so. The trial court’s judgment dismissing AMCA from plaintiffs’ action is affirmed. Costs of this appeal are assessed one-half against plaintiffs and one-half against Beaver.

AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.

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KNOLL, Judge.

For the foregoing reasons stated in the companion case of Bowman, et al. v. Weill Construction Company, et al., 502 So.2d 133 (La.App. 3rd Cir.1987), in which a separate decision is being rendered by us this day, we affirm the trial court’s judgment sustaining Beaver’s exceptions of insufficiency of citation and service of process. However, we reverse the trial court’s judgment sustaining Beaver’s exception of lack of personal jurisdiction and its dismissal of plaintiffs’ suit against Beaver. We remand this case to the trial court to enter an order allowing plaintiffs a delay within which to supplement the record with proof of citation and service of process according to the Long Arm Statute further, right is reserved to Beaver to reurge its exception to jurisdiction, supported by proper proof if it elects to do so. The trial court’s judgment dismissing AMCA from plaintiffs’ action is affirmed. Costs of this appeal are assessed one-half against plaintiffs and one-half against Beaver.

AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.

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502 So. 2d 139, 1987 La. App. LEXIS 8613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/comeaux-v-weill-construction-co-lactapp-1987.

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