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Roy v. Dixie RV Superstores of Acadiana, LLC

Court of Appeals of Louisiana, Third Circuit

March 14, 2018

CORY P. ROY AND ANGIE ROY
v.
DIXIE RV SUPERSTORES OF ACADIANA, LLC, ET AL.

         ON APPLICATION FOR SUPERVISORY WRITS FROM THE TWELFTH JUDICIAL DISTRICT COURT PARISH OF AVOYELLES, NO. 2016-3209 HONORABLE KERRY L. SPRUILL, DISTRICT JUDGE

          Glenn B. Adams Porteous, Hainkel & Johnson, L.L.P. COUNSEL FOR DEFENDANTS/RELATORS: Dixie RV Superstores of Acadiana, LLC Dixie Motors, LLC REV Recreation Group, Inc.

          Patrick M. Wartelle Leake & Anderson, LLP P. O. Drawer Z Lafayette, LA 70502 COUNSEL FOR DEFENDANT/RESPONDENT: Airxcel, Inc.

          Cory P. Roy Brandon J. Scott Benjamin D. James Renee Y. Roy Roy, Scott & James COUNSEL FOR PLAINTIFF/RESPONDENT: Cory P. Roy Angie Roy

          Court composed of John D. Saunders, Marc T. Amy, and Candyce G. Perret, Judges.

          JOHN D. SAUNDERS JUDGE

         The defendants-relators, Dixie RV Superstores of Acadiana, LLC (Dixie RV); Dixie Motors, LLC (Dixie Motors); and REV Recreation Group, Inc. (REV), seek supervisory writs from the judgment of the Twelfth Judicial District Court, the Honorable Kerry Spruill presiding, which denied their exception of improper venue. We deny this writ.

         STATEMENT OF THE CASE

         The instant case arises from Cory and Angie Roy (the plaintiffs) purchasing a recreational vehicle (RV) on November 8, 2012. The RV was manufactured by REV, and the HVAC system within the RV was manufactured by Airxcel. On June 24, 2016, the plaintiffs filed a redhibition action against REV, Dixie RV, and Airxcel, alleging rehibitory defects in the RV, including, but not limited to, the HVAC system. REV subsequently filed a notice of removal based on diversity of citizenship and removed the litigation to the United States District Court for the Western District of Louisiana. The plaintiffs then amended their petition to add Dixie Motors as a party defendant and filed a motion to remand the litigation to state district court. The motion was granted, and the matter was remanded back to state district court where the defendants filed two separate pleadings entitled "Exceptions, Motion and Answer, " asserting in those pleadings an exception of improper joinder of parties and/or improper cumulation of actions, and an exception of improper venue.[1] At the hearing on the exceptions, the plaintiffs agreed to dismiss Dixie RV. The exception of improper venue, however, was denied. The defendants are now before this court on writs seeking review of the trial court's ruling which denied their venue exception.

         SUPERVISORY RELIEF

         "The proper procedural vehicle to contest an interlocutory judgment that does not cause irreparable harm is an application for supervisory writs. See La. C.C.P. arts. 2087 and 2201." Brown v. Sanders, 06-1171, p. 2 (La.App. 1 Cir. 3/23/07), 960 So.2d 931, 933. But see La.Code Civ.P. art. 2083, cmt. (b), "Irreparable injury continues to be an important (but not exclusive) ingredient in an application for supervisory writs."

         ON THE MERITS

         The defendants argue that the trial court erred in denying the exception of venue. The defendants maintain that "a suit against two or more defendants must be filed in a parish of proper venue as to all defendants." D & D Drilling & Expl., Inc. v. XTO Energy, Inc., 15-626, 15-631, p. 2 (La.App. 3 Cir. 5/4/16), 191 So.3d 1166, 1169, writ denied, 16-1540 (La. 11/18/16), 210 So.3d 285. When venue is improper as to one cumulated action, the defendants contend that the action must be dismissed. See La.Code Civ.P. art 464.

         Under the general rule of venue set forth in La.Code Civ.P. art. 42(2), the defendants urge that an action against Dixie RV and Dixie Motors, domestic limited liability corporations, must be brought in Tangipahoa Parish, where the registered office is located for both corporations. The defendants point out that REV, a Delaware corporation with its principal place of business in Indiana, is registered to do business in Louisiana; thus, pursuant to La.Code Civ.P. art. 42(4), an action against REV would be proper ...


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