Plaquemines Parish Law Enforcement District v. B.F. Carvin Construction Co.
Docket: No. 2002-C-1296
Court: Louisiana Court of Appeal; October 29, 2002; Louisiana; State Appellate Court
On May 8, 2002, B.F. Carvin Construction Company, Inc. filed a legal action in the 29th Judicial District Court for St. Charles Parish against the Plaquemines Parish Law Enforcement District (PPLED), contesting an arbitration panel's discovery order. In response, the PPLED initiated a separate action on May 14, 2002, in the 25th Judicial District Court for Plaquemines Parish to enforce the same discovery order. Carvin subsequently filed an exception of lis pendens in the 25th JDC, arguing that the earlier action in the 29th JDC should prevent the subsequent case. The trial court rejected Carvin's exception. Carvin then sought a writ application regarding this ruling. The court noted that actions against political subdivisions must be filed in the district where the subdivision is located, referencing La. R.S. 13:5104, and concluded that the PPLED could only be sued in the 25th JDC. Therefore, the earlier action in the 29th JDC did not support the exception of lis pendens. The writ application was ultimately denied.