Mary Ann Charles Calbert v. Orlando J. Batiste

Summary

The Supreme Court of Louisiana held that the district court properly sustained exceptions of lis pendens because two virtually identical wrongful death and survival actions were pending based on the same occurrence, between the same parties in the same capacities. The court reversed the Court of Appeal and reinstated and rendered the district court's judgment dismissing the later claims.

Holdings

1. Exceptions of lis pendens were properly sustained because Major Calbert had two virtually identical civil tort suits pending in the same Louisiana district court, involving the same transaction or occurrence, the same parties in the same capacities, and the same causes of action; under Louisiana Code of Civil Procedure article 531, all but the first-filed suit must be dismissed.

Questions Presented

1. Whether the district court properly sustained exceptions of lis pendens when two virtually identical tort suits concerning the same occurrence, parties, capacities, and causes of action were pending in the same Louisiana district court.

Disposition

reversed