Security National Properties Servicing Company, LLC v. SN Properties Funding V-Wilmington, LLC; SN Properties Funding V-Republic Square, LLC; SN Properties Funding V-Wingate, LLC; SN Properties Funding V-Aspen, LLC; SN Properties Funding V-Dothan, LLC; SN Properties Funding V-Rangeview, LLC; SN Properties Fun

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

SECURITY NATIONAL PROPERTIES NO. 2020 CW 1114
SERVICING COMPANY, LLC PAGE 1 OF 2

VERSUS

SN PROPERTIES FUNDING V-
WILMINGTON, LLC; SN PROPERTIES
FUNDING V - REPUBLIC SQUARE, LLC; SN
PROPERTIES FUNDING V- WINGATE, LLC;
SN PROPERTIES FUNDING V - ASPEN,
LLC; SN PROPERTIES FUNDING V-
DOTHAN, LLC; SN PROPERTIES FUNDING
V- RANGEVIEW, LLC; SN PROPERTIES
FUNDING V- TOWER/ TPWNSITE, LLC; SN
PROPERTIES FUNDING V - GOLDS, LLC;

SN PROPERTIES FUNDING V- FREEPORT,
LLC; SN PROPERTIES FUNDING V-
ASHEVILLE, LLC; SN PROPERTIES
FUNDING V - GUILFORD, LLC; SN
PROPERTIES FUNDING V- HENDERSON,
LLC; SN PROPERTIES FUNDING V-
HICKORY, LLC; SN PROPERTIES
FUNDING V- KINSTON, LLC; SN
PROPERTIES FUNDING V- LENOIR, LLC;

SN PROPERTIES FUNDING V- PINEHURST,
LLC; SN PROPERTIES FUNDING V-
SUNSET, LLC; SN PROPERTIES FUNDING
V - NATIONAL OIL, LLC; SN PROPERTIES
FUNDING V - BATH, LLC; SN PROPERTIES
FUNDING IV- HAVRE, LLC; SN

PROPERTIES FUNDING IV- NORTHWAY
MALL, LLC; SN PROPERTIES FUNDING
IV -LEIGH MALL, LLC; SN PROPERTIES
FUNDING IV- BOONE, LLC; SN
PROPERTIES FUNDING IV- MOREHEAD,
LLC; SN PROPERTIES FUNDING IV-
ROCKINGHAM, LLC; SN PROPERTIES
FUNDING IV- WRIGHTSVILLE, LLC; SN
PROPERTIES FUNDING IV -ATRIUM, LLC;
and SN PROPERTIES FUNDING IV-
CENTRAL PARK, LLC
FEB 1 8 2021

In Re: SN Properties Funding V - Wilmington, LLC, Et Al.,

applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 691652.

BEFORE: WHIPPLE, C. J., WELCH AND CHUTZ, JJ.

WRIT DENIED.

VGW
WRC

Welch, J., dissents. I would grant the writ in part,

reverse the judgment of the trial court, and grant the exception
of improper venue and dismiss this matter. The management

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

2020 CW 1114
PAGE 2 OF 2

agreement and the subordination agreement are inextricably
intertwined and must be considered conjointly. Clearly, the
subordination agreement will be determinative of plaintiff' s

right to recover. The subordination agreement contains an

enforceable forum selection clause in which the parties signed

and agreed that any and all disputes arising out of the
subordination agreement would be heard in New York. New York.
Forum selection clauses are generally favored and enforceable.

Shelter Mut. Ins. Co. v. Rinkus Consulting Group, Inc. of La.,
2013- 1977 ( La. 07/ 01/ 14), 148 So. 3d 871, 878. As such, New
York, New York is the proper venue for this action. Accordingly,
I dissent.

COURT OF APPEAL, FIRST CIRCUIT

7'
D
D P' CLERK OF COUR

FOR THE COURT