INDIVIDUAL MEMBERS OF THE GRAND LODGE OF THE STATE OF LOUISIANA
GUY JENKINS, MARTIN REINSCHMIDT, AND THE ELECTED BOARD OF DIRECTORS OF THE GRAND LODGE OF THE STATE OF LOUISIANA IN RE GUY JENKINS, MARTIN REINSCHMIDT, AND THE GRAND LODGE OF THE STATE OF LOUISIANA
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL
DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA,
DIRECTED TO THE HONORABLE DANYELLE M. TAYLOR, DIVISION
''O'', NUMBER 785-301
composed of Judges Jude G. Gravois, Hans J. Liljeberg, and
John J. Molaison, Jr.
Guy Jenkins, Martin Reinschmidt and the Grand Lodge of the
State of Louisiana, seek this Court's emergency
supervisory review of a decision by the trial court to rule
on their exception of improper venue at trial. For the
following reasons, we deny this writ in part, grant this writ
in part, and deny relators' request for a stay.
matter was commenced as a summary proceeding on July 1, 2018,
when plaintiffs/respondents, Frank DuTreil, Wesley Cognevich,
Vernon Atkinson, Lawrence Wade, and Jason C. Bruzik, filed a
petition for a writ of quo warranto. A hearing on the rule to
show cause on the writ of quo warranto was initially set for
July 27, 2018, but for various reasons was ultimately
continued to October 26, 2018. In response to the petition,
relators filed, among other things, an exception of improper
venue. The present writ application indicates that the trial
court deferred ruling on the exception of improper venue to
the merits of the matter. In their writ application, relators
argue that the trial court erred in not trying and deciding
the declinatory exception of improper venue prior to
proceeding are generally governed by La. C.C.P. arts.
2591-2596, which provide, in pertinent part:
• La. C.C.P. art. 2591: "Summary proceedings are
those which are conducted with rapidity, within the delays
allowed by the court, and without citation and the observance
of all the formalities required in ordinary
• La. C.C.P. art. 2592: "Summary proceedings may be
used for trial or disposition of the following matters only:
… (6) A … quo warranto proceeding."
• La. C.C.P. art. 2593: "A summary proceeding may
be commenced by the filing of a contradictory motion or by a
rule to show cause, except as otherwise provided by law.
Exceptions to a contradictory motion, rule to show cause,
opposition, or petition in a summary proceeding shall be
filed prior to the time assigned for, and shall be disposed
of at, the trial. An answer is not required, except as
otherwise provided by law. No responsive pleadings to an
exception are permitted."
• La. C.C.P. art. 2595: "Upon reasonable notice a
summary proceeding may be tried in open court or in chambers,
in term or in vacation; and shall be tried by preference over
ordinary proceedings, and without a jury, except as otherwise
provided by law. The court shall render its decision as soon
as practicable after the conclusion of the trial of a summary
proceeding and, whenever practicable, without taking the
matter under advisement."
• La. C.C.P. art. 2596: "The rules governing
ordinary proceedings are applicable to summary proceedings,
except as otherwise provided by law."
La. C.C.P. art. 2593, it is clear that exceptions to a
petition in a summary proceeding, such as the current
exception of improper venue, shall be disposed of at trial.
Accordingly, we find no error in the trial court's
decision to defer ruling on the exception of improper venue
to the merits of the matter. Accordingly, this writ
application is denied in that regard. However, this writ is
granted to the extent that the trial court is ordered to rule
on the exception of improper venue prior to ruling on the
merits of the matter. See Drew Dev. Co. v. Hibernia Nat
'l Bank, 442 So.2d 1229 (La.App. 5th Cir.
foregoing reasons, this writ application is denied in part
and granted in part. Further, relators' request for a
stay is denied.
DENIED IN PART AND GRANTED ...