164 So. 3d 223
La. Ct. App.2014Background
- Christy Davis filed suit on June 27, 2011, against Steve Caraway and others for a shooting incident allegedly caused by unnamed individuals at a Kenner block party.
- Defendants moved to dismiss or challenge service, arguing improper service on Chief Caraway and vagueness/ Citation defects.
- Trial court granted Exceptions of Vagueness and Insufficiency of Citation and Service of Process on March 12, 2012; Caraway was served March 22, 2012.
- Chief Caraway moved for involuntary dismissal under La. C.C.P. Art. 1672(C) for lack of timely service; dismissal granted May 15, 2012, but later vacated on appellate review.
- Appellate court subsequently granted Chief Caraway’s declinatory exception and dismissed the action on July 1, 2013; the matter is on appeal.
- Issues center on whether the 90-day service deadline under La. R.S. 13:5107 was waived by prior filings and whether service was timely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Caraway waived timely service under 13:5107 | Davis argues prior exceptions implied waiver of service deadline | Caraway asserts no express waiver occurred; timely service not waived | No express waiver; 90-day requirement not waived |
| Whether service was timely within the 90-day window | Davis contends service was timely after defects were cured | Caraway maintains service occurred too late under 90 days | Timely service not achieved within 90 days |
| Interplay of Art. 925, 928, 1201 with 13:5107 | Articles 925, 928, 1201 should prevent waiver by prior filings | These articles do not override 13:5107's waivers requirement | 13:5107 prevails; no written waiver occurred |
Key Cases Cited
- Barnett v. Louisiana State Univ. Med. Ctr.-Shreveport, 841 So.2d 725 (La. 2003) (interprets 90-day service requirement and waivers)
- Jackson v. St. John the Baptist Parish Sch. Bd., 121 So.3d 164 (La. App. 5 Cir. 2013) (manifest error standard for service-of-process issues)
- Filson v. Windsor Court Hotel, 907 So.2d 723 (La. 2005) (statutory interpretation favoring specific provisions over general)
- Davis v. Caraway, 113 So.3d 414 (La. App. 5 Cir. 2013) (precedent on service of process and waivers against public officers)