Calbert v. Batiste

Summary

The Louisiana Supreme Court held that two virtually identical wrongful-death and survival actions arising from the same occurrence were pending between the same parties in the same capacities. Applying Louisiana Code of Civil Procedure article 531, the court reinstated the district court's judgment sustaining exceptions of lis pendens and dismissing the later claims.

Holdings

1. Louisiana Code of Civil Procedure article 531 required dismissal of all but the first-filed suit because Major had two virtually identical civil tort suits pending in the same court, involving the same transaction or occurrence, the same causes of action, and the same defendants in the same capacities.
2. The district court properly sustained the exceptions of lis pendens and dismissed Major Calbert's claims with prejudice; the Court of Appeal erred in reversing that judgment.

Questions Presented

1. Whether exceptions of lis pendens were properly sustained when two virtually identical tort suits arising from the same transaction or occurrence were pending in the same Louisiana district court between the same parties in the same capacities.
2. Whether Major Calbert could intervene in the later-filed action despite his earlier-filed separate action.

Disposition

reversed