No. 99-CC-0962 Precedential Reversed Processed

Augustine v. Celebration Station

Louisiana Supreme Court · Filed July 2, 1999 · 747 So. 2d 3

Cited by

Distinguished in 1

Dupre v. Floyd 845 So. 2d 370 La. Ct. App. 1st Cir. 2002
State v. Lipscomb 770 So. 2d 29 La. Ct. App. 4th Cir. 2000
State v. Brown 773 So. 2d 742 La. Ct. App. 1st Cir. 2000
State v. Lagarde 758 So. 2d 279 La. Ct. App. 1st Cir. 2000
Manning v. Dillard Dept. Stores, Inc. 753 So. 2d 163 La. 1999

Opinion text

IN RE: Coregis Insurance Company;— Defendant(s); Applying for Supervisory and/or Remedial Writs; Parish of Jefferson 24th Judicial District Court Div. “N” Number 520-513; to the Court of Appeal, Fifth Circuit, Number 99-C-0226 GRANTED. Based on our review of the record, we find that plaintiff clearly requested service be withheld in her petition, and did not request service on relator until well outside the ninety day period mandat *4 ed by La.Code Civ.P. art. 1201(C). Accordingly, the judgment of the trial court denying relator’s exception of insufficiency of service of process is reversed. The exception is granted, and plaintiffs petition is hereby dismissed without prejudice, pursuant to La.Code Civ.P. art. 1672(C). LEMMON, J. not on panel.