Jackson v. St. John the Baptist Parish School Board

121 So. 3d 164, 13 La.App. 5 Cir. 103, 2013 WL 3214452, 2013 La. App. LEXIS 1317
CourtLouisiana Court of Appeal
DecidedJune 27, 2013
DocketNo. 13-CA-103
StatusPublished
Cited by2 cases

This text of 121 So. 3d 164 (Jackson v. St. John the Baptist Parish School Board) 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.

Bluebook
Jackson v. St. John the Baptist Parish School Board, 121 So. 3d 164, 13 La.App. 5 Cir. 103, 2013 WL 3214452, 2013 La. App. LEXIS 1317 (La. Ct. App. 2013).

Opinion

ROBERT M. MURPHY, Judge.

| p.St. John the Baptist Parish School Board (the “Board”) employee Marie Jackson appeals the May 2, 2012 trial court judgment denying her motion to confirm a January 30, 2012 preliminary default entered against the Board based on insufficient service of process and dismissing her petition without prejudice. For the reasons that follow, we affirm in part, reverse in part, and remand.

[166]*166FACTS AND PROCEDURAL HISTORY

The first issue in this case is the applicable service of process provision to effect service on a school board. The background facts include that appellant Marie Jackson had worked as a year-round bookkeeper for the Board for 37 years. On July 9, 2011, Ms. Jackson was allegedly struck in the eye and chest by a student attending a summer feeding program at Garyville/Mt. Airy Math and Science Magnet School. On December 19, 2011, Ms. Jackson filed a petition for benefits under La. R.S. 17:1206.1(A)(1)1 seeking sick leave without reduction in |spay and without reduction in accrued sick leave days. She produced a physician’s certificate documenting an injury, made amicable demand, and contended she was denied benefits to which she was entitled. In his affidavit, Dr. Dominic Arcuri, III, testified that Ms. Jackson is suffering from stress and anxiety and that she should not return to work for the foreseeable future. He also noted that the offending student was permitted to remain at the same school where the incident occurred.

She requested service of her petition on the Board through its President, Patrick H. Sanders, at the Board’s offices located in Reserve, Louisiana. Despite her specific request, “domiciliary” service was made on a Board employee, Kim Scioneaux, at the Board’s address on January 3, 2012. On January 23, 2012, Ms. Jackson moved for entry of a preliminary default on the basis of this domiciliary service and the Board’s failure to timely file responsive pleadings. On January 30, 2012, a preliminary default was entered; on February 17, 2012, plaintiff counsel personally mailed a certified copy of the petition, motion, and preliminary default judgment to the Board through its President which was received on February 23, 2012.

On March 16, 2012, Ms. Jackson’s motion for confirmation of the preliminary default was submitted and taken under advisement. On May 2, 2012, the trial court denied the confirmation and dismissed plaintiffs claims without prejudice. The trial judge found La. R.S. 17:51 service requirements to control:

[T]he above referenced statutory provision (R.S. 17:51), chosen by the plaintiff [in her service instructions] was proper as it is specific to school boards in this type of action. Therefore, it is unnecessary to discuss other service provisions.

|4The trial judge further found domiciliary service insufficient as “domiciliary” pertains to “dwelling house or usual place of abode,” under La. C.C.P. art. 1234, and is inapplicable to the instant facts where an employee was served at his office. On May 10, 2012, Ms. Jackson filed a motion for a new trial as to the trial court’s May 2, 2012 dismissal of the matter for failure to personally serve the defendant with the petition. Ms. Jackson contended that the [167]*167“judgment appears contrary to the law and evidence” under La. C.C.P. art.l972(l).

At the May 10, 2012 hearing on the motion for a new trial, Ms. Jackson argued that service on the Board was proper under La. C.C.P. art. 1265, pertaining to service on political subdivisions, and that the trial court erred in dismissing her claim with prejudice. La. C.C.P. art. 1265 requires service on a municipal board on its executive officer or, in his or her absence, on any employee thereof. The trial court denied the motion for a new trial and assigned reasons on the same date. The trial court held that the plaintiff erroneously claimed that the Court had dismissed her claim with prejudice. The court also found that the more specific service article on school boards, La. R.S. 17:51, controlled:

[Pjlaintiff primarily asserted that service of process was not insufficient because pursuant to Louisiana Code of Civil Procedure Article 1265, a political subdivision such as a school board could be served via personal service on one of its employees of suitable age found at its office address. While this general article does allow for service or process by this method, a more specific statute, LSA-R.S. 17:51 controls this case and mandates that ‘.... [i]n all suits against school boards citation shall be served on the president of the board and in his absence on the vice-president.’ The record is clear that this was not done in this case. As a result, the Court found and still finds service to be insufficient.

The trial court emphasized that it dismissed the case without prejudice and that the plaintiff “remains free to amend her lawsuit, if necessary and re-file it to properly effectuate service.” Alternatively, the trial court asserted that it “also 15gave the plaintiff the option to correct the defect in the service and perfect service upon the defendant within the same lawsuit.”

ISSUES ON APPEAL

On appeal, Ms. Jackson raises three assignments of error:

1. The trial court erred in finding that service upon the St. John the Baptist Parish School Board was insufficient.
2. The trial court erred in refusing to confirm a default judgment against the St. John the Baptist Parish School Board.
3. The trial court erred in dismissing Marie Jackson’s claims for an alleged insufficiency of service of process.

STANDARD OF REVIEW

The standard of review regarding the exception of insufficient service of process requires an appellate court to determine whether the trial court’s finding of fact was manifestly erroneous. Taranto v. Louisiana Citizens Prop. Ins. Corp., 10-105 (La.3/15/11), 62 So.3d 721, 726. The granting or denying of a motion for a new trial rests within the wide discretion of the trial court, and its determination should not be disturbed absent a clear abuse of discretion. State of La., DOTD v. August Christina & Bros., Inc., 97-244 (La.App. 5 Cir. 2/11/98), 716 So.2d 372.

LAW AND DISCUSSION

Assignments of error one and two bear on determining the requirements to effect service on a school board.

La. R.S. 17:51 provides in part:

There shall be a parish school board for each of the parishes, and these several parish school boards are constituted bodies corporate with powers to sue. The legislature hereby authorizes suits against any parish school board for the enforcement of contracts entered into by [168]*168the school board or for recovery of damages for the breach thereof, without necessity of any further authorization by the legislature. No other suits may be instituted or prosecuted against any parish school board unless in each individual case the legislature first has granted to the party or parties plaintiff the right to sue the particular school board, as provided in Section 26 of Article XIX and Section 35 of Article III of the Louisiana Constitution. In suits against \ ^school boards citation shall be served on the president of the board and in his absence on the vice-president. (Emphasis added).

Ms.

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Bluebook (online)
121 So. 3d 164, 13 La.App. 5 Cir. 103, 2013 WL 3214452, 2013 La. App. LEXIS 1317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-st-john-the-baptist-parish-school-board-lactapp-2013.