Michael D. Prosperie, M.D. Versus C&M Medical Services Inc., Cristobal v. Mandry, M.D., Law Offices of Scott G. Jones, LLC, Scott G. Jones and Abc Insurance Company

• Court: Louisiana Court of Appeal
• Decided: September 21, 2021
• Docket: 21-C-543
• Status: Unknown

Opinion

MICHAEL D. PROSPERIE, M.D. NO. 21-C-543

VERSUS FIFTH CIRCUIT

C&M MEDICAL SERVICES INC., CRISTOBAL COURT OF APPEAL V. MANDRY, M.D., LAW OFFICES OF SCOTT G. JONES, LLC, SCOTT G. JONES AND ABC STATE OF LOUISIANA INSURANCE COMPANY

September 21, 2021

Nancy F. Vega Chief Deputy Clerk

IN RE MICHAEL D. PROSPERIE, M.D.

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE LEE V. FAULKNER, JR., DIVISION "P", NUMBER 797-480

Panel composed of Judges Marc E. Johnson, Robert A. Chaisson, and John J. Lee, Jr.

WRIT GRANTED

Venue is a question of law which is reviewed de novo by the appellate court. Seghers v. LaPlace Equip. Co., Inc., 13-350 (La. App. 5 Cir. 2/12/14), 136 So.3d 64. A plaintiff who is defending against a declinatory exception of improper venue by invoking the provisions of La. C.C.P. art. 73 must allege sufficient facts to show that the venue chosen is the proper venue of at least one of the joint or solidary obligors. Spott v. Otis Elevator Co., 601 So.2d 1355, 1360 (La. 1992). Additionally, the plaintiff is also required to allege facts showing that the various defendants are in fact jointly or solidarily obligated. Seghers, supra.

Upon our de novo review, we find that the trial court was correct to grant the declinatory exception based on the facts alleged in the petition. Dr. Prosperie has alleged facts sufficient to establish that the venue chosen is proper as to at least one of the defendants, but has not alleged facts showing that the various defendants are jointly or solidarily obligated. Nevertheless, we find that the grounds pleaded in the declinatory exception may be removed by amendment of the petition. La. C.C.P. art. 932. Accordingly, we amend the judgment of the trial court to allow Dr. Prosperie thirty (30) days to amend the petition to remove the grounds of the exception if he is able to do so, and we affirm as amended the trial court’s judgment.

Gretna, Louisiana, this 21st day of September, 2021.

RAC MEJ JJL SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

NANCY F. VEGA FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON SUSAN S. BUCHHOLZ STEPHEN J. WINDHORST FIRST DEPUTY CLERK HANS J. LILJEBERG JOHN J. MOLAISON, JR. FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 09/21/2021 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

21-C-543 E-NOTIFIED 24th Judicial District Court (Clerk) Hon. Lee V. Faulkner, Jr. (DISTRICT JUDGE) Kevin P. Riche' (Respondent) Stanwood R. Duval (Relator) David I. Bordelon (Respondent) David S. Daly (Respondent) Elliot M. Lonker (Respondent)

MAILED April A. Trahan (Relator) Attorney at Law Post Office Box 3017 Houma, LA 70361