# Schwegmann v. Brown

> Supreme Court of Louisiana · March 25, 1998 · 706 So. 2d 970

URL: https://www.frixlaw.com/law-library/cases/7712642

## Case

- **Full name:** John F. SCHWEGMANN v. Melba Schwegmann BROWN, In her capacity as testamentary of the Succession of John G. Schwegmann
- **Court:** Supreme Court of Louisiana
- **Decided:** March 25, 1998
- **Citations:** 706 So. 2d 970; 1998 La. LEXIS 1030; 1998 WL 153235
- **Precedential status:** Published
- **Opinion:** Concurrence by Lemmon
- **Judges:** Additional, Kimball, Lemmon, Reasons
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7712642

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7712642. Public record. Not legal advice.