414 So.3d 686
La. Ct. App.2025Background
- Christopher Paul Catrambone (U.S. citizen) and Regina Egle Liotta (Italian citizen) married in Seychelles in 2010, later purchasing a home in New Orleans, LA in 2021 after living in Malta.
- The couple separated in August 2023. Both filed for divorce and related relief in Orleans Parish, Louisiana, asserting that both were domiciled there.
- Liotta later moved to dismiss her own divorce petition without prejudice, claiming Malta was the proper jurisdiction and both parties were not domiciled in Orleans Parish.
- Liotta filed an exception of lack of subject matter jurisdiction, arguing neither party was domiciled in Louisiana; Catrambone objected, asserting both had sworn domicile in New Orleans in earlier pleadings.
- The district court dismissed Catrambone’s divorce petition with prejudice for lack of subject matter jurisdiction; Catrambone appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Orleans Parish had subject matter jurisdiction | Both parties domiciled there; venue proper | Parties were not domiciled in Louisiana; domicile in Malta | Court erred; Mr. Catrambone’s domicile in Orleans was established; dismissal reversed |
| Effect of judicial confession (pleadings affirming domicile) | Liotta confessed Orleans domicile in pleadings | Later claimed no domicile in Orleans | Subject matter jurisdiction not waivable; but evidence supports Orleans domicile |
| Proper procedure for voluntary dismissal of divorce petition | Dismissal without a contradictory hearing improper | Sought unilateral dismissal, citing Malta jurisdiction | District court erred; dismissal without contradictory hearing vacated |
Key Cases Cited
- Loeb v. Vergara, 313 So.3d 346 (La. App. 4 Cir. 2021) (Defines domicile by residence and intent to remain)
- Scott v. Entergy La., LLC, 310 So.3d 215 (La. App. 4 Cir. 2020) (Admissions in pleadings constitute judicial confession)
- Bernard Par. Gov’t v. Perniciaro, 364 So.3d 185 (La. App. 4 Cir. 2020) (Subject matter jurisdiction cannot be waived or conferred by consent)
- Jordan v. Chase Bank, 366 So.3d 215 (La. App. 4 Cir. 2022) (Courts have duty to raise subject matter jurisdiction defects at any time)
- Albitar v. Albitar, 197 So.3d 332 (La. App. 5 Cir. 2016) (Factors relevant to determining a person's domicile)