Kelly Dalehite v. Pavement Markings, L.L.C

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT KELDLY DALEHITE NO. 2026 CW 0027 VERSUS PAVEMENT MARKINGS, LLC CONSOLIDATED WITH PAVEMENT MARKINGS, LLC VERSUS SOUTHERN SYNERGY LLC, DANIEL MAY 8, 2026 PUFFER, SR., AND LAM NGUYEN In Re: Kelly Dalehite, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2023-13513 c/w 2024-16493.

BEFORE : THERIOT, HESTER, MILLER, EDWARDS, AND FIELDS, JJ.

WRIT GRANTED. The trial court’s December 16, 2025 judgment denying the exception of lis pendens filed by Kelly Dalehite, is reversed. For lis pendens to apply, La. Code Civ. P. art. 531 requires: (1) two or more suits are pending in a Louisiana court or courts; (2) on the same transaction or occurrence; and (3) between the same parties in the same capacities. Under the facts of this case, the elements for lis pendens are met. Therefore, pursuant to La. Code Civ. P. art. 531, the declinatory exception of lis pendens is granted and the claims made against Kelly Dalehite in the petition filed by plaintiff Pavement Markings, LLC under docket No. 2024-16493 in the 22nd Judicial District Court for the Parish of St. Tammany are dismissed without prejudice.

CHH SMM WEF Theriot and Edwards, JJ., dissent and would deny the writ.

OURT OF APPEAL, FIRST CIRCUIT () 4 cha, 4 Ono DE, UTY CLERK OF COURT FOR THE COURT