CORY P. ROY AND ANGIE ROY
DIXIE RV SUPERSTORES OF ACADIANA, LLC, ET AL.
APPLICATION FOR SUPERVISORY WRITS FROM THE TWELFTH JUDICIAL
DISTRICT COURT PARISH OF AVOYELLES, NO. 2016-3209 HONORABLE
KERRY L. SPRUILL, DISTRICT JUDGE
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:
P. Roy Brandon J. Scott Benjamin D. James Renee Y. Roy Roy,
Scott & James COUNSEL FOR PLAINTIFF/RESPONDENT: Cory P.
Roy Angie Roy
composed of John D. Saunders, Marc T. Amy, and Candyce G.
D. SAUNDERS JUDGE
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.
OF THE CASE
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. 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.
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
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.
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 ...