Opinion
No: 98-CC-0732
March 25, 1998
IN RE: Schwegmann, John F.; — Plaintiff(s); Applying for Supervisory and/or Remedial Writs; Parish of Orleans Civil District Court Div. "G" Number 98-4956; to the Court of Appeal, Fourth Circuit, Number 98CW-0654
Stay order recalled. Writ denied in part and granted in part. The court of appeal properly ruled that relator's action should have been filed in the Twenty-Fourth Judicial District Court. The court should have transferred this matter to the Twenty-Fourth Judicial District Court, where it will be consolidated with a similar pending action on which the trial judge has deferred ruling until this Court rules in this matter. Accordingly, the application is transferred to the Twenty-Fourth Judicial District Court to conduct a hearing on the petition for injunctive relief. Application is otherwise denied.
PFC
WFM
HTL
BJJ
JPV
CDT
JTK
KIMBALL, J. not on panel.
LEMMON, J. assigns additional concurring reasons.
March 27, 1998
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 ___ (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.