147 Louisiana opinions name it 2 courts 1943–2025 10 in the last five years
The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Bickham v. Sub Sea Intern., Inc.green2 sentences2006C.C.P. art. 928 and Bickham v. Sub Sea International Inc., 617 So.2d 483 (La.1993), which held that filing a declinatory exception of improper venue in the same pleading with the answer does not under La. 2000In Bickham v. Sub Sea International, Inc., 617 So.2d 483 (La.1993), the Louisiana Supreme Court found that the defendant did not waive the pending declinatory exception of improper venue by filing interrogatories and requests for production of documents, together with its answer, while the exception was pending. | 2 | 7 |
A & P Boat Rentals, Inc. v. American Lloyd'sgreen2 sentences2007Lloyd's, 592 So.2d 1361, 1362 (La.App. 1 Cir.1991) (citing Aetna Ins. 2003See A & P Boat Rentals, Inc. v. American Lloyd's, 592 So.2d 1361, 1364 (La. | 2 | 3 |
De Reyes v. Marine Mgt. and Consultinggreen2 sentences2025When a contradictory evidentiary hearing is held on the objection of personal jurisdiction, the plaintiff must prove facts showing that the assertion of jurisdiction over the defendant is proper by a preponderance of the evidence. de Reyes v. Marine Management and Consulting, Ltd., 586 So.2d 103, 109 (La. 1991). 2020When a contradictory evidentiary hearing is held on the objection of personal jurisdiction, the plaintiff must prove facts showing that the assertion of jurisdiction over the defendants is proper by a preponderance of the evidence. de Reyes v. Marine Management and Consulting, Ltd., 586 So. 2d 103, 109 ( La. 1991). | 2 | 2 |
Winston v. Millaudgreen2 sentences2017Winston v. Millaud, 05-0338, p. 5 (La.App. 4 Cir. 4/12/06), 930 So.2d 144, 149-50 (noting that “jurisdiction itself is a question of law subject to de novo review.”); Walker v. Super 8 Motels, Inc., 04-2206, p. 4 (La.App. 4 Cir. 12/7/05), 921 So.2d 983, 986 . 2013Walker v. Super 8 Motels, Inc., 04-2206, p. 4 (La.App. 4 Cir. 12/7/05), 921 So.2d 983, 986 ; Winston v. Millaud, 05-0338, p. 5 (La.App. 4 Cir. 4/12/06), 930 So.2d 144, 149-50 (noting that “jurisdiction itself is a question of law subject to de novo review.”) “However, the trial court’s factual findings underlying the decision are reviewed under the manifest error standard of review.” Maguire Plastic Surgery Ctr., LLC v. Booker, 47,929, 2013 WL 2218004 (La.App. 2 Cir. 5/22/13), 117 So.3d 239 (2013). | 2 | 2 |
Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc.green2 sentences2009Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 n. 1 (La.1981). 1996Herlitz Construction Co. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878, n. 1 (La.1981); Sales Tax Collector v. Eckco Fabricators, Inc., 423 So.2d 1218, 1219 (La.App. 5th Cir.1982); Rodrigue v. East Jefferson General Hospital, 615 So.2d 1056, 1058 (La.App. 1st Cir.1993). | 2 | 2 |
Dahmes v. Champagne Elevators, Inc.green2 sentences2008See Dahmes v. Champagne Elevators, Inc., XXXX-XXXX (La.App. 4 Cir. 3/3/04), 869 So.2d 904 , writ denied, XXXX-XXXX (La.6/4/04), 876 So.2d 93 ; Anderson v. Interamerican Mfg., Inc., 96-1639, p. 3 (La.App. 4 Cir. 4/9/97), 693 So.2d 210, 212 . 2005See Dahmes v. Champagne Elevators, Inc., XXXX-XXXX (La.App. 4 Cir. 3/3/04), 869 So.2d 904 , writ denied, XXXX-XXXX (La.6/4/04), 876 So.2d 93 ; Anderson v. Interamerican Mfg., Inc., 96-1639, p. 3 (La.App. 4 Cir. 4/9/97), 693 So.2d 210, 212 . | 2 | 2 |
Williams v. Memorial Medical Centergreen2 sentences2008See Dahmes v. Champagne Elevators, Inc., XXXX-XXXX (La.App. 4 Cir. 3/3/04), 869 So.2d 904 , writ denied, XXXX-XXXX (La.6/4/04), 876 So.2d 93 ; Anderson v. Interamerican Mfg., Inc., 96-1639, p. 3 (La.App. 4 Cir. 4/9/97), 693 So.2d 210, 212 . 2005See Dahmes v. Champagne Elevators, Inc., XXXX-XXXX (La.App. 4 Cir. 3/3/04), 869 So.2d 904 , writ denied, XXXX-XXXX (La.6/4/04), 876 So.2d 93 ; Anderson v. Interamerican Mfg., Inc., 96-1639, p. 3 (La.App. 4 Cir. 4/9/97), 693 So.2d 210, 212 . | 2 | 2 |
| Swann v. Performance Contractors, Ltd.green | 2 | 2 |
Walker v. Super 8 Motels, Inc.green2 sentences2017Winston v. Millaud, 05-0338, p. 5 (La.App. 4 Cir. 4/12/06), 930 So.2d 144, 149-50 (noting that “jurisdiction itself is a question of law subject to de novo review.”); Walker v. Super 8 Motels, Inc., 04-2206, p. 4 (La.App. 4 Cir. 12/7/05), 921 So.2d 983, 986 . 2008As this Court noted in Walker v. Super 8 Motels, 2004-2206 (La.App. 4 Cir. 12/7/05) , 921 So.2d 983 : Appellate courts when reviewing a trial court's legal ruling on a declinatory exception of lack of personal jurisdiction apply a de novo standard. | 1 | 6 |
M & M Gaming , Inc. v. Storeygreen2 sentences2023App. 4 Cir. 5/30/01) 788 So.2d 1230, 1232 ); see also La. 2017“Evidence may be introduced to support or controvert the declinatory exception of improper venue, when the grounds thereof do not appear from the petition, the citation or return thereon.” M & M Gaming, Inc. v. Storey, 01-0545, p. 3 (La.App. 4 Cir. 5/30/01), 788 So.2d 1230, 1232 . | 1 | 4 |
Foster v. Breauxgreen2 sentences1994Foster provides several touchstones for the ultimate determination of this case: [1] "Under Louisiana jurisprudence, prescriptive statutes are strictly construed, and of two permissible constructions that is adopted which favors maintaining rather than barring the action." ( Foster, supra [ 263 La. 1112 , 270 So.2d] at p. 529). [2] "[F]or purposes of the Code, the decision whether the court is one `of competent jurisdiction' is determined not by the situation at the time of filing the suit but instead by the situation at the time the competency of the court is questioned." ( Id. ) [3] "If he [ 1994Foster provides several touchstones for the ultimate determination of this case: [1] "Under Louisiana jurisprudence, prescriptive statutes are strictly construed, and of two permissible constructions that is adopted which favors maintaining rather than barring the action." ( Foster, supra [ 263 La. 1112 , 270 So.2d] at p. 529). [2] "[F]or purposes of the Code, the decision whether the court is one `of competent jurisdiction' is determined not by the situation at the time of filing the suit but instead by the situation at the time the competency of the court is questioned." ( Id. ) [3] "If he [ | 1 | 4 |
Sales Tax Collector v. Eckco Fabricators, Inc.green2 sentences2022We also note that contrary to the assertion in brief, the court in Sales Tax Collector v. Eckco Fabricators, supra, actually found that compliance with Arts. 926 and 928 could not result in waiver of the declinatory exception. 1996Herlitz Construction Co. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878, n. 1 (La.1981); Sales Tax Collector v. Eckco Fabricators, Inc., 423 So.2d 1218, 1219 (La.App. 5th Cir.1982); Rodrigue v. East Jefferson General Hospital, 615 So.2d 1056, 1058 (La.App. 1st Cir.1993). | 1 | 2 |
Schexnayder v. Gishgreen2 sentences2022App. 5 Cir. 12/27/06), 948 So.2d 313, 314 (holding the trial court was required to rule on exception of improper venue prior to peremptory exception of no right of action and further holding that “…the transferee court should not be bound by a decision of a co-equal court from another parish.”). 2020App. 5 Cir. 12/27/06) 948 So.2d 313, 314 . | 1 | 2 |
Acme Refrig. of Baton Rouge, Inc. v. Caljoan, Inc.green2 sentences2015See Acme Refrigeration of Baton Rouge, Inc. v. Caljoan, Inc., 346 So.2d 743, 745 (La.App. 1 Cir.1977) (“A declinatory exception of improper venue is waived unless pleaded before filing an answer or making a general appearance.”). 2015See Acme Refrigeration of Baton Rouge, Inc. v. Caljoan, Inc., 346 So.2d 743, 745 (La.App. 1 Cir.1977) (“A declinatory exception of improper venue is waived unless pleaded before filing an answer or making a general appearance.”). | 1 | 2 |
Little v. Littlegreen2 sentences2005In Little v. Little, 513 So.2d 464 (La.App. 2d Cir.1987), this court held that the filing of a declinatory exception after the consideration of a peremptory exception was inappropriate because the seeking of peremptory relief amounted to a waiver of the declinatory objection. 1997Accordingly, Mr. Dickerson, as representative of the succession, has made a general appearance subjecting himself to the jurisdiction of the court. 4 Little v. Little, 513 So.2d 464, 466 (La.App. 2d Cir.1987); Smith v. Smith, 341 So.2d 1147, 1148-49 (La.App. 1st Cir.1976). | 1 | 2 |
Boudreaux v. STATE, DOTDgreen2 sentences2003Boudreaux v. State, DOTD, XXXX-XXXX (La.2/26/02), 815 So.2d 7, 9 . [4] Brown involved awards of penalties and attorney's fees for the employer's and insurer's failure to timely commence payment of compensation benefits. 2002See Boudreaux v. State, DOTD, XXXX-XXXX (La.2/26/02), 815 So.2d 7, 9 ("Except for the declinatory exception of lack of subject matter jurisdiction and the peremptory exceptions, two of which, prescription and res judicata, must be specially pleaded, we cannot consider contentions raised for the first time in this Court which were not pleaded in the court below and which the district court has not addressed."). | 1 | 2 |
Chambers v. LeBlancgreen2 sentences1996See: Chambers v. LeBlanc, 598 So.2d 337 (La. 1992). . 1992See Chambers v. LeBlanc, 598 So.2d 337 (La.1992); Hebert v. Myers, 449 So.2d 185 (La.App. 3 Cir.1984). . | 1 | 2 |
| Lomont v. Myer-Bennettgreen | 1 | 1 |
| Abl Mgmt. v. Board of Sup'rs of S. Univ.green | 1 | 1 |
| Rodriguez v. Prudhomme Mobile Homesgreen | 1 | 1 |
| Burge v. Stategreen | 1 | 1 |
| Burge v. Stategreen | 1 | 1 |
| Babineaux v. Pernie-Bailey Drilling Co.green | 1 | 1 |
| Mart v. Hillgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jacobsen v. Asbestos Corp.
green
2 sentences2025Jacobsen, 2012-655, pp. 7-11, 119 So.3d at 776-78 . 2016Jacobsen v. Asbestos Corp., 12-655 (La.App. 5 Cir. 5/30/13) , 119 So.3d 770, 778 . | 3 | 2015–2025 |
Randell v. Prince
green
2 sentences2014Upon review, we agree with plaintiffs’ arguments that, as the court found in Randell , “venue is waivable in all cases, except those actions where venue is made jurisdictional by specific articles of our Code of Civil Procedure, and that all objections to venue are raised by the declinatory exception which shall be filed before the answer.” Randell, 460 So.2d at 97 (citing Stutts v. Liberty Mutual Insurance Co., 416 So.2d 1326 (La.App. 3 Cir.1982), and La. 1995Randell v. Prince, 460 So.2d 96 (La.App. 3d *492 Cir.1984). | 3 | 1989–2014 |
Filson v. Windsor Court Hotel
green
2 sentences2010Cf. Filson v. Windsor Court Hotel, 04-2893 (La.6/29/05), 907 So.2d 723, 729-730 , which was decided prior to the Legislature's 2006 amendment of LSA-C.C.P. art. 1672 C. [4] The clerk of court is charged with the duty to issue all citations and other processes of the district court. 2010Cf. Filson v. Windsor Court Hotel, 04-2893 (La.6/29/05), 907 So.2d 723, 729-730 , which was decided prior to the Legislature’s 2006 amendment of LSA-C.C.P. art. 1672 C. . | 3 | 2008–2010 |
State v. Younger
green
2 sentences1955Under Article 333, C.P., as amended, all dilatory exceptions (including declinatory exceptions, such as the exception to citation) must be filed at one and the same time; but it has been held, therefore, that filing a declinatory exception such as to the jurisdiction ratione personnae or to the citation at the same time as other dilatory exceptions does not waive the exception to jurisdiction or citation, when the other exceptions are filed only in the alternative and with full reservation of and without waiving the aforesaid declinatory exceptions, State v. Younger, 206 La. 1037 , 20 So.2d 30 1955Under Article 333, C.P., as amended, all dilatory exceptions (including declinatory exceptions, such as the exception to citation) must be filed at one and the same time; but it has been held, therefore, that filing a declinatory exception such as to the jurisdiction ratione personnae or to the citation at the same time as other dilatory exceptions does not waive the exception to jurisdiction or citation, when the other exceptions are filed only in the alternative and with full reservation of and without waiving the aforesaid declinatory exceptions, State v. Younger, 206 La. 1037 , 20 So.2d 30 | 3 | 1955–1966 |
Chumley v. White
green
2 sentences2025Senior, 2024-0541, pp. 8-9, ___ So.3d at ___, 2025 WL 1155979 , at *4 (citing Chumley, 46,479, 46,707, pp. 5-6, 80 So.3d at 42 ). 2025Chumley, 46,479, 46,707, pp. 5-6, 80 So.3d at 42 (citing Saldana v. State Farm Mut. | 2 | 2025–2025 |
Moity v. Guilliot
neutral
2 sentences2017Moity v. Guilliot, 466 So.2d 511 (La. 1999Moity v. Guilliot, 466 So.2d 511 (La.App. 3 Cir. 1985); McMickens v. McMickens, 386 So.2d 972 (La.App. 3 Cir.1980). | 2 | 1999–2017 |
Stutts v. Liberty Mutual Insurance
neutral
2 sentences2014Upon review, we agree with plaintiffs’ arguments that, as the court found in Randell , “venue is waivable in all cases, except those actions where venue is made jurisdictional by specific articles of our Code of Civil Procedure, and that all objections to venue are raised by the declinatory exception which shall be filed before the answer.” Randell, 460 So.2d at 97 (citing Stutts v. Liberty Mutual Insurance Co., 416 So.2d 1326 (La.App. 3 Cir.1982), and La. 1984Stutts v. Liberty Mutual Insurance Co., 416 So.2d 1326 (La.App. 3rd Cir.1982); La.C.C.P. | 2 | 1984–2014 |
Ross v. Highlands Ins. Co.
green
2 sentences2008Id. at 1177 . 1994Id. at 1179 . | 2 | 1994–2008 |
Anderson v. Interamerican Mfg., Inc.
green
2 sentences2008See Dahmes v. Champagne Elevators, Inc., XXXX-XXXX (La.App. 4 Cir. 3/3/04), 869 So.2d 904 , writ denied, XXXX-XXXX (La.6/4/04), 876 So.2d 93 ; Anderson v. Interamerican Mfg., Inc., 96-1639, p. 3 (La.App. 4 Cir. 4/9/97), 693 So.2d 210, 212 . 2005See Dahmes v. Champagne Elevators, Inc., XXXX-XXXX (La.App. 4 Cir. 3/3/04), 869 So.2d 904 , writ denied, XXXX-XXXX (La.6/4/04), 876 So.2d 93 ; Anderson v. Interamerican Mfg., Inc., 96-1639, p. 3 (La.App. 4 Cir. 4/9/97), 693 So.2d 210, 212 . | 2 | 2005–2008 |
Favorite v. Alton Ochsner Med. Found.
green
2 sentences2006Favorite v. Alton Ochsner Medical Foundation, 537 So.2d 722 (La.App. 4 Cir.1988), Bennett v. Giarrusso, 583 So.2d 607 (La. 1991In Favorite v. Alton Ochsner Medical Foundation, supra , this court held that a declinatory exception of improper venue must be tried before a peremptory exception of no cause of action filed at the same time. | 2 | 1991–2006 |
State v. Jones
neutral
2 sentences2005Louisiana Electorate of Gays and Lesbians, Inc. v. State, 95-1790 (La.12/8/95), 664 So.2d 413 . 2005Louisiana Electorate of Gays and Lesbians, Inc. v. State, 95-1790 (La.12/8/95), 664 So.2d 413 . | 2 | 2005–2005 |
Grant v. Natchitoches Manor Nursing Home
green
2 sentences2004The claimant appealed the judgment of the workers' compensation judge and, relying on the case of Grant v. Natchitoches Manor Nursing Home, 96-1546 (La.App. 3 Cir. 5/14/97) , 696 So.2d 73 , writ denied, 97-1582 (La.10/17/97), 701 So.2d 1330 , filed a declinatory exception in this court raising the objection of lack of subject matter jurisdiction. 2004The claimant appealed the judgment of the workers' compensation judge and, relying on the case of Grant v. Natchitoches Manor Nursing Home, 96-1546 (La.App. 3 Cir. 5/14/97) , 696 So.2d 73 , writ denied, 97-1582 (La.10/17/97), 701 So.2d 1330 , filed a declinatory exception in this court raising the objection of lack of subject matter jurisdiction. | 2 | 1998–2004 |
Grant v. Natchitoches Manor Nursing Home
green
2 sentences2004The claimant appealed the judgment of the workers' compensation judge and, relying on the case of Grant v. Natchitoches Manor Nursing Home, 96-1546 (La.App. 3 Cir. 5/14/97) , 696 So.2d 73 , writ denied, 97-1582 (La.10/17/97), 701 So.2d 1330 , filed a declinatory exception in this court raising the objection of lack of subject matter jurisdiction. 1998Additionally, Weston, relying upon the recent case of Grant v. Natchitoches Manor Nursing Home, 96-1546, (La.App. 3rd Cir. 5/14/97); 696 So.2d 73 , writ denied, 97-1582 (La.10/17/97); 701 So.2d 1330 , filed a declinatory exception in this court raising the objection of lack of subject matter jurisdiction. | 2 | 1998–2004 |
Kellis v. Farber
green
2 sentences1996Declinatory exception of improper venue In its reasons for judgment overruling the declinatory exception of improper venue filed by the Avondale insurers, the trial court cited the Louisiana Supreme Court's opinion in Kellis v. Farber, 523 So.2d 843 (La.1988), which, according to the trial court, specifically held that the Direct Action Statute's provision allowing venue under La.C.C.P. art. 42 "includes all of the permissive and mandatory exceptions to La.C.C.P. art. 42, which appear in La.C.C.P. art. 71 to La.C.C.P. art. 85." The trial court then invoked the provisions of La.C.C.P. art. 73, 1996Declinatory exception of improper venue In its reasons for judgment overruling the declinatory exception of improper venue filed by the Avondale insurers, the trial court cited the Louisiana Supreme Court's opinion in Kellis v. Farber, 523 So.2d 843 (La.1988), which, according to the trial court, specifically held that the Direct Action Statute's provision allowing venue under La.C.C.P. art. 42 "includes all of the permissive and mandatory exceptions to La.C.C.P. art. 42, which appear in La.C.C.P. art. 71 to La.C.C.P. art. 85." The trial court then invoked the provisions of La.C.C.P. art. 73, | 2 | 1990–1996 |
| Polmer v. Spencer green | 2 | 1977–1988 |
| McGee v. International Life Insurance green | 2 | 1971–1985 |
| International Shoe Co. v. Washington green | 2 | 1971–1985 |
| Dicta Realty Associates v. Conrad green | 2 | 1980–1984 |
| Mann v. Mann green | 2 | 1944–1959 |
| Vanderbrook v. Jean green | 1 | 2024–2024 |
| Kaye v. Karp green | 1 | 2024–2024 |
| Turner v. Rabalais green | 1 | 2024–2024 |
| Matthews v. United Fire & Casualty Insurance Co. Doctor Pipe green | 1 | 2023–2023 |
| Cleaver v. Western National Life Insurance Co. green | 1 | 2021–2021 |
| Daniels v. SMG Crystal, LLC green | 1 | 2020–2020 |
| Labadot v. Labadot green | 1 | 2019–2019 |
| State v. Ramos neutral | 1 | 2019–2019 |
| Thoreson v. DEPT. OF ST. CIVIL SERVICE green | 1 | 2019–2019 |
| Guidry's Seafood Distributors, Inc. v. Farmers Seafood Company, Inc. green | 1 | 2017–2017 |
| Seal v. Bogalusa Community Medical Center neutral | 1 | 2017–2017 |
| Quality Environmental Processes, Inc. v. I.P. Petroleum Co. neutral | 1 | 2017–2017 |
| Dupre v. Floyd green | 1 | 2016–2016 |
| Tunnard v. Simply Southern Homes, LLC green | 1 | 2014–2014 |
| DeBarge v. LFI Lake Charles neutral | 1 | 2014–2014 |
| Lexington Insurance Co. v. Tasch, Inc. neutral | 1 | 2014–2014 |
| STERIFX, INC. v. Roden green | 1 | 2013–2013 |
| Maguire Plastic Surgery Center, LLC v. Booker neutral | 1 | 2013–2013 |
| BROOKS WELL SERVICING INC. v. Cudd Pressure Control, Inc. neutral | 1 | 2010–2010 |
| Luffey v. FREDERICKSBURG PROPERTIES OF TX green | 1 | 2010–2010 |
| BROOKS WELL SERV. v. Cudd Pressure Control neutral | 1 | 2010–2010 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.