Supreme Court of Louisiana, 1999

Augustine v. Celebration Station

Supreme Court of Louisiana · Decided July 2, 1999 · Lemmon

747 So. 2d 3; 1999 La. LEXIS 2062; 1999 WL 510902 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Dupre v. Floyd (La. Ct. App. 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

IN RE: Coregis Insurance Company;— Defendant(s); Applying for Supervisory and/or Remedial Writs; Parish of Jefferson 24th Judicial District Court Div. “N” Number 520-513; to the Court of Appeal, Fifth Circuit, Number 99-C-0226

GRANTED. Based on our review of the record, we find that plaintiff clearly requested service be withheld in her petition, and did not request service on relator until well outside the ninety day period mandat*4ed by La.Code Civ.P. art. 1201(C). Accordingly, the judgment of the trial court denying relator’s exception of insufficiency of service of process is reversed. The exception is granted, and plaintiffs petition is hereby dismissed without prejudice, pursuant to La.Code Civ.P. art. 1672(C).

LEMMON, J. not on panel.

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