Appeal from the Nineteenth Judicial District Court In and for
the Parish of East Baton Rouge State of Louisiana No. 648094
Honorable Wilson E. Fields, Judge Presiding
Mitchell J. Hoffman Michael R. Allweiss New Orleans,
Louisiana Counsel for Plaintiff/Appellant It's Golden,
Loren Kleinpeter Baton Rouge, Louisiana Counsel for
Defendants/ Appellees Watercolors Unit 6, LLC and Michael
BEFORE: WHIPPLE, C.J., GUIDRY, AND McCLENDON, JJ.
an alleged assignee of a member's interest in a limited
liability company, seeks review of the trial court judgment
that granted the defendants' exception raising the
objection of prematurity. Plaintiff had petitioned the court
to determine and award the fair market value of the
member's interest. For the reasons that follow, we
reverse and remand.
AND PROCEDURAL HISTORY
Golden, LLC (hereinafter "Golden") filed a petition
alleging that it was the assignee of the member interest of
Julie U. Quinn in Watercolors Unit 6, LLC. (R. 2) Golden
named Watercolors and its manager, Michael Polito, as
defendants. Golden alleged that Ms. Quinn, through an e-mail
sent to Mr. Polito on March 28, 2016, withdrew as a member
from Watercolors effective April 29, 2016. (R. 2, 7) Golden
requested the court to fix and award it the fair market value
of Ms. Quinn's interest in Watercolors. (R. 3)
response, Watercolors and Mr. Polito (collectively
"Watercolors") filed a dilatory exception raising
the objection of prematurity, asserting that the petition was
premature based on Ms. Quinn's and/or Golden's
failure, in accordance with LSA-R.S. 12:1325, to provide
written notice of withdrawal to Watercolors at its registered
office located at 344 Third Street in Baton Rouge, Louisiana.
opposed Watercolors' exception, urging that the e-mail
sent to Mr. Polito's e-mail address was sufficient to
meet the requisite notice requirement.
argument, the trial court granted Watercolors' exception
of prematurity. The trial court signed a judgment on August
25, 2016, granting the exception and dismissing Golden's
claims without prejudice.
has appealed, assigning the following as error:
a. The delivery of [the] withdrawal notice requirement of La.
Rev. Stat. 12:1325(B) does not apply.
b. Even if La. Rev. Stat. 12:1325(B) does apply, It's
Golden complied with the delivery ...