Opinion
NO. 2002-C-0902
June 14, 2002.
IN RE: Beauregard Memorial Hospital etal; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Calcasieu, 14th Judicial District Court Div. G, Nos. 2001-1406G; to the Court of Appeal, Third Circuit, No. 01-1418
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL THIRD CIRCUIT, PARISH OF CALCASSIEU
Granted. See per curiam.
PFC
CDK
BJJ
JPV
CDT
JTK
JLW
GRANTED. In Underwood v. Lane Memorial Hospital, 97-1997, at p. 5 (La. 7/8/98), 714 So.2d 715, 718, we held that the use of the word "shall" in La.Rev.Stat. 13:5104(B) "indicates a legislative intent that a single political subdivision can be sued only in one of the two specified parishes and that no other exceptions are applicable." The court of appeal therefore erred in applying La. Code Civ.Proc. art. 73 to this case. Accordingly, the judgments of the trial court and court of appeal are reversed. The matter is remanded to the trial court which is instructed to grant defendant's motion of improper venue.
DECREE: REVERSED AND REMANDED