82 So. 3d 298
La. Ct. App.2011Background
- Boyd, an inmate, filed a defamation suit on November 16, 2009 against Times Picayune, St. Charles Herald, L’Observor, Major Zinna and Wick entities.
- No request for service was made within 90 days as required by La.C.C.P. art. 1201(C); defendants moved for involuntary dismissal under La.C.C.P. 1672(C).
- The trial court granted in forma pauperis status, granted notice of fixings, but denied appointed counsel; Boyd sought amicus assistance.
- A hearing was held after Boyd’s service of motions on November 29, 2010; he did not oppose and did not appear due to incarceration.
- The trial judge dismissed the suit without prejudice on December 9, 2010 for failure to request timely service, after considering good cause and other factors.
- Boyd later filed an amended petition on August 13, 2010 adding more parties and requesting service on additional defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal for failure to request timely service was proper | Boyd | Appellees | Affirmed; dismissal upheld. |
| Whether good cause existed to excuse untimely service | Boyd | Appellees | No good cause; no reversal. |
| Whether Boyd had a right to be present at the hearing | Boyd | Appellees | No right; incarceration permits absence; writ ad testificandum not pursued. |
Key Cases Cited
- Falcon v. Falcon, 975 So.2d 40 (La.App. 5 Cir. 2007) (incarcerated party has no right to be present; may seek writ of habeas corpus ad testificandum)
- Cutler v. McGee, 38 So.3d 481 (La.App. 3 Cir. 2010) (lay litigants must comply with procedural standards)
- Barnett v. Louisiana State University Medical Center — Shreveport, 841 So.2d 725 (La. 2003) (strictly construes good cause requirement under Art. 1672(C))