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

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