Phillip Young v. C. Britain Sledge III, Rolling, Perrillous, & Sledge LLC and XYZ Insurance Company

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
PHILLIP YOUNG NO. 2020 CW 0332

VERSUS

C. BRITAIN SLEDGE, III,
ROLLING, PERRILLOUX &
SLEDGE, LLC AND XYZ SEPTEMBER 18, 2020
INSURANCE COMPANY

In Re: C. Britain Sledge, III and Rolling, Perrilloux &
Sledge, LLC, applying for supervisory writs, 18th
Judicial District Court, Parish of Iberville, No.
79055.

BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT DENIED.

PMc
JEW

Holdridge, J., dissents and would grant the writ and
reverse the trial court's April 2, 2020 judgment denying the
declinatory exception of improper venue filed by defendants, C.
Britain Sledge, III and Rolling, Perrilloux & Sledge, LLC. The
proper venue for a legal malpractice case would be the
defendant's domicile under La. Code Civ. P. art. 42 (1) or where
the wrongful conduct occurred or the damages were sustained
under La. Code Civ. P. art. 74. In this case, the defendants
and the plaintiff were both domiciled in Tangipahoa Parish.
Therefore, the parish where the defendants were domiciled and
where the damage to the plaintiff was sustained were both in
Tangipahoa Parish. Lastly, the question is where did the
wrongful conduct occur? The wrongful conduct occurred in the
defendants' law office in Tangipahoa Parish where the original
of plaintiff's petition was not timely mailed to the Clerk of
Court of Iberville Parish. In this case, under both La. Code
Ci v. P. art. 42 ( 1) and art. 7 4, the only proper venue for the
plaintiff's suit is Tangipahoa Parish. Accordingly, I would
grant the defendants' exception raising the objection of
improper venue and remand this matter to the trial court with
instructions to transfer this matter to Tangipahoa Parish.

COURT OF APPEAL, FIRST CIRCUIT