Felicia Braud and John Braud and on behalf of their minor child, Jolie Braud v. Marcus and Aimee Mounger and ABC Insurance Company
Felicia Braud and John Braud and on behalf of their minor child, Jolie Braud v. Marcus and Aimee Mounger and ABC Insurance Company
Opinion
STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT FELICIA BRAUD AND JOHN BRAUD NO. 2022 CW 0893 AND ON BEHALF OF THEIR MINOR CHILD, JOLIE BRAUD VERSUS MARCUS AND AIMEE MOUNGER AND OCTOBER 11, 2022 ABC INSURANCE COMPANY
In Re: Marcus and Aimee Mounger, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 113119.
BEFORE : WHIPPLE, C.J., GUIDRY AND WOLFE, JJ.
WRIT GRANTED. We find the trial court committed manifest error in its July 15, 2022 judgment denying the exception of prescription filed by defendants, Marcus and Aimee Mounger. The 19th Judicial District Court in East Baton Rouge Parish, where the plaintiffs, Felicia Braud and John Braud, individually and on behalf of their minor child, Jolie Braud, filed the original petition, was an improper venue. The service effected upon the defendants on January 4, 2021 did not serve to- suspend prescription in this matter under La. Code Civ. P. art. 3462.
Santana-Peguero v. Bayer, 2018-1378 (La. App. 1 Cir. La. 4/17/19), 276 So.3d 153, 157-158, writ denied, 279 So.3d 384 (9/17/19). We therefore grant this writ application, reverse the trial court’s July 15, 2022 judgment, and grant the exception of prescription and dismiss all claims of the plaintiffs against defendants, Marcus and Aimee Mounger.
VGW JMG EW COURT OF APPEAL, FIRST CIRCUIT A-ary DEPUTY CLERK OF COURT FOR THE COURT
Case-law data current through December 31, 2025. Source: CourtListener bulk data.