Louisiana Art Supply, L.L.C. and Craig S. Maloney v. Catherine Deano, individually and as the succession representative of Walter Mader

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

LOUISIANA ART SUPPLY, L. L. C. AND NO. 2019 CW 1616 CRAIG S. MALONEY

VERSUS

CATHERINE DEANO, INDIVIDUALLY AND JULY 28, 2020 AS THE SUCCESSION REPRESENTATIVE OF WALTER MADER

In Re: Art Supply Distributor, LLC, applying for supervisory writs, 21st Judicial District Court, Parish of

Tangipahoa, No. 2016- 01999.

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

WRIT GRANTED. The November 6, 2019 judgment denying the

Exceptions of Improper Cumulation of Actions and Lack of

Procedural Capacity filed by Defendant - in -Reconvention, Art

Supply Distributor, LLC, is hereby vacated. The issue of

subject matter jurisdiction may be raised at any time, even by the court on its own motion, and at any stage of an action.

Williams v. International Offshore Services, LLC, 2011- 1240 ( La.

App. lst Cir. 12/ 7/ 12), 106 So. 3d 212, 217, writ denied, 2013- 0259 ( La. 3/ 8/ 13), 109 So. 3d 367. This court, raising the issue of subject matter jurisdiction on its own motion, finds the district court lacked subject matter jurisdiction over Catherine Deano' s reconventional demand. See Levert v. University of

Illinois at Urbana/ Champaign ex rel. Bd. of Trustees, 2002- 2679 La. App. 1st Cir. 9/ 26/ 03), 857 So. 2d 611, writ denied, 2003- 2994 ( La. 1/ 16/ 04), 864 So. 2d 635. The jurisdiction of a court

over the subject matter of an action or proceeding cannot be conferred by consent of the parties or waived; a judgment rendered by a court that has no jurisdiction over the subject

matter of the action or proceeding is void. In re Interdiction of Metzler, 2015- 0982 ( La. App. 1st Cir. 2/ 22/ 16), 189 So. 3d 467, 469, citing La. Code Civ. P. art. 3. Accordingly, Catherine Deano' s reconventional demand is dismissed without

prejudice.

VGW JMG WJB

COURT OF APPEAL, FIRST CIRCUIT

01. S, rd DEPUTY CLERK OF COURT FOR THE COURT

Judge William J. Burris, retired, serving pro tempore by special appointment of the Louisiana Supreme Court.