CASE ATLANTIC CO. v. BLOUNT BROS. CONST.

No. 42,251-CW.

960 So.2d 1274 (2007)

CASE ATLANTIC COMPANY, Plaintiff-Respondent, v. BLOUNT BROTHERS CONSTRUCTION, INC., et al, Defendant-Applicants.

Court of Appeal of Louisiana, Second Circuit.

June 20, 2007.


Attorney(s) appearing for the Case

Wray & Pierce, LLP by Russel W. Wray, Baton Rouge, The Pesnell Law Firm by Billy Pesnell, Shreveport, for Respondents St. Paul Fire & Marine and Blount Brothers.

Office of General Counsel by Cheryl L. Duvieilh, for Applicant State of LA Dept. of Transportation & Dev.

Hayter & Odom, L.L.C. by John O. Hayter, III, Shreveport, for Respondent Case Atlantic Company.

Before CARAWAY, MOORE and LOLLEY, JJ.


MOORE, J.

The State of Louisiana, Department of Transportation and Development ("DOTD"), seeks supervisory review of an interlocutory judgment that denied its declinatory exception of improper venue as to the cross-claim filed by Blount Brothers Construction. Finding that the forum selection clause incorporated into DOTD's contract with Blount trumps the general venue provision of La. C.C.P. art. 1034, we grant the writ, make it peremptory, and order the cross-claim...

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