Redfish Rentals, Inc. v. Specialty Industrial, L.L.C., William Carmouche and Alixzandra Evans

• Court: Louisiana Court of Appeal
• Decided: November 9, 2020
• Docket: 2020CW0658
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

REDFISH RENTALS, INC. NO. 2020 CW 0658

VERSUS

SPECIALTY INDUSTRIAL, L. L. C., WILLIAM CARMOUCHE AND ALIXZANDRA EVANS NOVEMBER 9, 2020

In Re: Redfish Rentals, Inc. and Redfish Rentals of Orange, Inc., applying for 21st Judicial supervisory writs,

District Court, Parish of Livingston, No. 154874.

BEFORE: GUIDRY, MCCLENDON, AND LANIER, JJ.

WRIT GRANTED. The trial court' s July 16, 2020 judgment sustaining the exception of improper venue filed by the respondents, Specialty Industrial, L. L. C. and William Carmouche, is hereby reversed. La. Civ. Code art. 44( C) provides that an objection to venue " is waived by the failure of the defendant to plead the declinatory exception timely as provided in Article 928," which states that a declinatory exception shall be pleaded prior to or in the answer. See Luffey ex rel. Fredericksburg Properties of Texas, LP v. Fredericksburg Properties of Texas, LP, 37, 591 ( La. 2d App. Cir. 12/ 10/ 03), 862 So. 2d 403, 406 where defendants waived exception of improoer venue hasPri nn

iU uui- l cLlun clause ny railing to file such an exception prior to filing their answer). T] e respondents dial not file their exception of improper ior to venue p filing an answer to Redfish Rentals, Inc.' s original titian. p Additionally, the evidence produced by the relators, Redfish Rentals, Inc. and Redfish Rentals of Orange, Inc in opposition to the respondents' exception indicates tha the respondents were aware prior to the filing of their answ r that the equipment they rented came from a Texas outlet of Redfish Rentals, Inc. and thus the venue provision in REDFI; H RENTALS, INC.' S STANDARD TERMS AND CONDITIONS requiring that any suit arising from the rental contracts must be brought in Texas applied. Therefore, we find that the respondents waived their objection to venue by filing an answer to Redfish Rentals Inc.' s original petition. See Randell v. Prince, 460 So. 2d 96, 97 ( La. 3d Cir. App. 1984) . Accordingly, Specialty Industria L. L. C. and William Carmouche' s exception of improper ver ae is denied.

JMG PMc WIL

COURT OF APPEAL, FIRST CIRCUIT

EPUTY CLERK OF COURT FOR THE COURT