Charles A. Rivault, Arthur R. Lejeune, Claudia J. Lejeune, William J. Gibson, and Audubon Terrace Resident Homeowners Association v. America Homeland, LLC

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

CHARLES A. RIVAULT, ARTHUR NO. 2019 CW 1587
R. LEJEUNE, CLAUDIA J.
LEJEUNE, WILLIAM J. GIBSON,
AND AUDUBON TERRACE RESIDENT
HOMEOWNERS ASSOCIATION

VERSUS
FEB 1 0 2020
AMERICA HOMELAND, LLC

In Re: America Homeland, LLC, applying for supervisory writs,
19th Judicial District Court, Parish of East Baton
Rouge, No. 650708.

BEFORE: MCCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT DENIED.

PMc
GH

Welch, J., concurs in part and dissents in part. I dissent
and would reverse, in part, the trial court' s November 9, 2019
judgment which granted the exception of lack of subject matter
jurisdiction filed by plaintiffs -defendants - in -reconvention and
third party defendants and vacated the court' s August 7, 2019
judgment granting leave of court to America Homeland, L. L. C. to
file its Second Amending Supplemental
and Answer, Affirmative
Defense Exceptions and Reconventional Demand, only to the extent
that this amended to
pleading sought amend and supplement the
third party demand. The April 16, 2019 judgment which is the
subject of the devolutive appeal order signed on
May 28, 2019
did not affect the third party demand filed by America Homeland,
L. L. C., and therefore, the trial court is not divested of

jurisdiction over the third party demand. See La. Code Civ. P.
art. 2088( A). To the extent that this second amended pleading
amended or supplemented the response to plaintiff' s claims or
the reconventional demand which are the subjects of the April
16, 2019 judgment, I concur in the denial of the writ.

COURT OF APPEAL, FIRST CIRCUIT

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DEPUTY CLER 0 COURT
FOR THE COURT