414 So.3d 602
La. Ct. App.2024Background
- Plaintiff Lanell E. DaRouse sued P.J.'s Coffee of New Orleans, LLC and New Orleans Roast, LLC after falling through a skylight while inspecting the HVAC system on defendants’ premises.
- Plaintiff filed the petition in Orleans Parish Civil District Court on September 12, 2022, and paid the Clerk of Court’s filing fees, including instructions for service on defendants via their registered agents.
- The Orleans Parish Sheriff’s Office (OPSO) returned citations to the Clerk for nonpayment of a separate service fee, but plaintiff’s counsel was not initially notified more fees were needed.
- After learning of the unpaid service fee months later, plaintiff’s counsel paid the amount and eventually requested reissuance of citations, with service ultimately perfected in May 2023.
- Defendants filed a declinatory exception for insufficiency of service of process and a motion for involuntary dismissal, arguing that service was not timely requested or paid for within 90 days.
- The trial court denied both the exception and the motion, and defendants sought supervisory review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of Service of Process | Service requested in petition; filing fee paid | Service not timely since OPSO fee not paid within 90 days | Request for service was timely; exception denied |
| Timeliness of Service Fee Payment | Initial court filing fees paid right away | All related service fees must be paid within 90 days for valid service | Only filing fees need to be timely; service was timely |
| Effect of Lack of Notice on Service | Did not receive OPSO fee invoice or notice | Email notice is binding, even if in spam | Lack of notice not dispositive; relied on local precedent |
| Application of Jurisprudence | Relied on 4th Circuit Walker and Draten cases | Relied on 1st Circuit Methvien and Jenkins cases | Followed Walker/Draten; not bound by 1st Circuit |
Key Cases Cited
- Walker v. GoAuto Ins. Co., 323 So.3d 918 (La. App. 4 Cir. 2021) (filing petition requesting service and paying clerk’s fee is sufficient for timely request)
- Draten v. Univ. Med. Ctr. Mgmt. Corp., 325 So.3d 441 (La. App. 4 Cir. 2021) (service timely if plaintiff made initial request and paid Clerk of Court)
- Tranchant v. State, 5 So.3d 832 (La. 2009) (service is requested when the clerk receives service instructions from plaintiff)
- Methvien v. Our Lady of the Lake, 318 So.3d 329 (La. App. 1 Cir. 2021) (1st Circuit: all fees must be paid within 90 days, but not binding on 4th Circuit)