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BRUNO v. CDC AUTO TRANSPORT, INC.

No. 2019-CA-1065.

302 So.3d 8 (2020)

Joshua L. BRUNO and Janice Bruno, v. CDC AUTO TRANSPORT, INC., Esperanza, Inc., Tony Doe and John Doe.

Court of Appeal of Louisiana, Fourth Circuit.

June 3, 2020.

Attorney(s) appearing for the Case

Thomas A. Robichaux , 1317 Milan Street, New Orleans, LA 70115, Henry Minor Pipes, III , Patrick J. Lorio , PIPES MILES BECKMAN, L.L.C., 1100 Poydras Street, Suite 1800, New Orleans, LA 70163, COUNSEL FOR PLAINTIFF/APPELLANT.

Imtiaz A. Siddiqui , IAS LAW LLC, 900 Camp Street, Suite 435, New Orleans, LA 70130 COUNSEL FOR DEFENDANT/APPELLEE.

(Court composed of Judge Roland L. Belsome, Judge Rosemary Ledet, Judge Regina Bartholomew-Woods).

The instant appeal involves a contractual provision as to venue. Because Appellee failed to raise a declinatory exception of improper venue prior to or along with the motion to set aside the preliminary default, as contemplated by La. C.C.P. art. 928, Appellee waived this exception.

FACTUAL BACKGROUND...

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