Lexington National Insurance Company v. State of Louisiana

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

LEXINGTON NATIONAL INSURANCE NO. 2019 CW 1022
COMPANY

VERSUS

STATE OF LOUISIANA OCT 2 S 2019

In Re: State Of Louisiana, for
applying supervisory writs,
19th Judicial District Court, Parish of East Baton
Rouge, No. 660423.

BEFORE: HIGGINBOTHAM, PENZATO, AND LANIER, JJ.

WRIT GRANTED. The March 5, 2019 judgment of the district
court, which denied the exceptions of lack of subject matter
jurisdiction and improper venue, filed by defendant, the State
of Louisiana, is reversed. This is a direct action seeking the
nullity of a judgment rendered by the 16th Judicial District
Court, Parish of St. Mary. In State v. Norman, 94- 2475 ( La.
App. 1st Cir. 4/ 4/ 96), 672 So. 2d 407, this court held that a

bond forfeiture is a civil proceeding, and La. Code Civ. P. art.
2001, et seq., provides the exclusive grounds for civil nullity
actions. See also Piper v. Olinde Hardware & Inc.,
Supply Co.,
288 So. 2d 626, 629 ( La. 1974) ( The venue provided by La. Code
Civ. P. art. 2006 is " not waivable and thus is
jurisdictional."); Boyer v. Boyer, 96- 0346 ( La. Ist Cir.
App.
1/ 23/ 97), 691 So. 2d 1234, 1244, writ denied, 97- 1415 ( La.
9/ 26/ 97), 701 So. 2d 984 (" The venue in
established LSA- C. C. P.
art. 2006 is nonwaivable.").
Accordingly,
g y, subject matter
jurisdiction and venue herein are proper in the court which

issued the judgment sought to be annulled, which in this case is
the 16th Judicial District Court, Parish of St. Mary. Judgment
is rendered in favor of defendant, the State of Louisiana,
granting its exceptions of lack of subject matter jurisdiction
and improper venue. This matter is remanded to the trial court
with instructions to transfer this to the 16th
proceeding
Judicial District Court, Parish of St. Mary pursuant to La. Code
Civ. P. art. 932( B).

TMH
AHP
WIL

COURT OF APPEAL, FIRST CIRCUIT

r

D PUTY CLE K OF COURT
FOR THE COURT