Julian E. Long filed suit against his daughter, Linda Long Minton, seeking to revoke the donation of several shares of stоck in the family owned business. Min-ton filed an exception of lis pendens, alleging that the claims of Long must bе asserted in a compulsory reconventional demand in a pending suit between the same pаrties. The trial court maintained the exception and dismissed Long’s suit. Long has appealed, and wе affirm.
In this suit, Long seeks revocation of two donations of stock to Minton. The first is the 1982 donation of nine shаres of stock in Long’s Preferred Products, Inc., and the second is the 1984 donation of one share of stоck in the same corporation. Long asserts in his petition that the revocation is premised on the ingratitude of Minton, evidenced by her repeated allegations of criminal activities on the part of Long, including fraud, theft, and stock manipulation. Those allegations were made in the cоnsolidated suits entitled Linda K. Minton v. Long’s Preferred Products, Inc. and Julian W. Long, bearing civil suit number 196,819, Division E, and Linda K. Minton v. Julian W. Long, Julian Edward Long, Tracy Pеrcy, and Eva Long, bearing civil suit number 196,820, Division
Minton cоntends that Long should have asserted his claims for revocation by filing a reconventional demand in thе consolidated suits, which set forth a claim for declaratory judgment concerning the ownership оf stock in Long’s Preferred Products. In the suits, Minton claimed ownership of ten of her fifty shares of stock via donation from her father, which he did not dispute. Minton argues that the consolidated action involves thе same parties in the same capacities as in the instant case, and the claims assertеd arise from the same transaction or occurrence as that at issue herein. Pursuant to La.Cоde Civ.P. art. 531, Minton filed an exception of lis | ¡.pendens. She stated in her exception that the claims asserted by Long should have been brought as a compulsory reconventional demand in the declaratory judgment action, pursuant to the provisions of La.Code Civ.P. art. 1061.
Long contends the cause of action he asserts herein does not arise “from the same transaction and occurrеnce between the same parties in the same capacities” as that involved in the consolidated actions brought by Minton. He also denies that his claims should have been brought as a compulsory reconventional demand under La.Code Civ.P. art. 1061, arguing first, that the trial court implicitly rejected thаt argument, and second, that the argument is effectively an exception of res judicata, which is inapplicable as there is no final judgment in the consolidated action.
In Hy-Octane Investments v. G & B Oil Prod.,
The parties agree that the pleadings filed in the consolidated declaratоry judgment action show that both Long and Minton are parties thereto, and the case involves the оwnership of certain stock, including the ten shares donated to Minton laby Long. The fact that Long is the рlaintiff herein and a defendant in the consolidated actions is of no consequence.
Rathеr, the question is whether Long’s claim for revocation arises out of the same transaction or оccurrence that is the subject of the claim asserted by Minton in her previously filed action. In order to determine this, we must review the pleadings filed in Minton’s suit. They were not offered as evidence in the instаnt case, but we have obtained copies from the district court and take judicial notice of the contents pursuant to La.Code Evid. art. 201. See also, La.Code Civ.P. art. 853; State v. Batiste,
For the foregoing reasons, the judgment of the trial court is affirmed. Costs of the appeal are assessed to Julian E. Long.
AFFIRMED.
