Opinion

Schwegmann v. Brown

706 So. 2d 970
1998 La. LEXIS 1030
1998 WL 153235

Court: Supreme Court of Louisiana
Filed: Mar 25, 1998
Status: Published
Author: Lemmon
On the bench: Additional, Kimball, Lemmon, Reasons
Cited by: 0 cases
Authority: More cited than 0.6%

The opinion

LEMMON, Judge,

concurring.

The court of appeal improperly referred to the issue as one of subject matter jurisdiction. La.Code Civ.Proc. art. 2811 is a rule of venue. See La.Code Civ.Proc. art. 44, classifying Article 2811 as a rule of nonwaivable venue. See also In re Howard Marshall Trust, 97-1718 (La.3/4/98), — So.2d -, 1998 WL 94426 (Lemmon, J., Concurring). Since venue in Orleans Parish was improper, the case should have been transferred to Jefferson Parish. La.Code Civ.Proc. art. 121.

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