Administrators of Tulane Educational Fund v. Ortego
Administrators of Tulane Educational Fund v. Ortego, 475 So. 2d 764 (La. 1985).
Cited by
- Dukov v. 701 Corp. 668 So. 2d 379 La. Ct. App. 1st Cir. 1996
Authorities cited
Identified automatically; this list may not be exhaustive.
- Howard Ave. Realty Corp. v. McIntosh 352 So. 2d 348
- Thomas Organ Co. v. Universal Music Co. 261 So. 2d 323
- Administrators of Tulane Educational Fund v. Ortego 469 So. 2d 1120
Opinion text
PER CURIAM. Service of process was not valid under the Long Arm Statute. LSA-R.S. 13:3204 provides that a certified copy of the citation and the petition shall be sent to the defendant by registered or certified mail or actually delivered to the defendant. If mailed, the notice must be received by defendant or by a person authorized to receive mail on his behalf. The librarian here had not been designated to receive mail for the defendant but merely sorted it for the school. Defendant, as far as the record reflects, did not receive the letter and was in fact not even in California when the mailing was received at the school. Compare Howard Avenue Realty Corporation v. McIntosh, 352 So.2d 348 (La.App. 4 Cir.1978); Thomas Organ Company v. Universal Music Company, 261 So.2d 323 (La.App. 1 Cir.1972). The judgment of the court of appeal, 469 So.2d 1120 , is reversed. LEMMON, J., dissents.