Opinion
NO. 2017 CW 0377
05-30-2017
SOUTHEAST HOLDINGS, LLC v. ASSAD MOUHAFFEL
In Re: Assad Mouhaffel, applying for supervisory writs, 21st Judicial District Court, Parish of Livingston, No. 153840. BEFORE: WHIPPLE, C.J., GUIDRY AND McCLENDON, JJ.
WRIT GRANTED. The district court's judgment of February 6, 2017, which denied the Peremptory Exception of Statutory Bar to Judicial Demand filed by defendant, Assad Mouhaffel, is reversed. It appears that the plaintiff, Southeast Holdings, LLC, performed activities, including obtaining an engineered plan for development of its property, application for approval by the governing authorities of the plan for development of the property and contracting for clearance of the property. These activities would constitute the transacting of business in the State of Louisiana. Accordingly, plaintiff, Southeast Holdings, LLC, was required to obtain authorization to do business in the State of Louisiana. There is no dispute that plaintiff, Southeast Holdings, LLC, failed to obtain such authorization, and therefore, could not present any judicial demand before any court of this state. La. R.S. 12:1354. However, this court finds that the exception at issue herein should properly be treated as a dilatory exception of lack of procedural capacity. See Outdoor Electric Advertising, Inc. v. Saurage, 207 La. 344, 352, 21 So.2d 375, 378 (1945); Williamson-Dickie Apparel Manufacturing Company v. Hanger, Inc., 422 So.2d 602 (La. App. 3d Cir. 1982). See also La. Code Civ. P. art. 865. Accordingly, the exception of lack of procedural capacity is granted. Pursuant to La. Code Civ. P. art. 933(B), this matter is remanded with instructions that the district court allow plaintiff, Southeast Holdings, LLC, the opportunity to amend the petition and/or take other action to remove the grounds of this objection.
PMc
VGW
JMG
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT