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BYRON THOMAS AND STACY WATLER NO. 07-CA-719
VERSUS FIFTH CIRCUIT
SHARON LABICHE AND STATE FARM COURT OF APPEAL MUTUAL AUTOMOBILE INSURANCE COMPANY STATE OF LOUISIANA
ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT
PARISH OF JEFFERSON, STATE OF LOUISIANA
NO. 604-439, DIVI6ION "H"
HONORABLE KERNAN A. HAND, JUDGE PRESIDING

COURT OF APPEAI. FEBRUARY 19, 2008 FIFTH CIRCUIT
HLB FEB 1 9 2008
THOMAS F. DALEY
JUDGE

Panel composed of Judges Thomas F. Daley,
Walter J. Rothschild, and Fredericka Homberg Wicker

RODNEY KELP LITTLEFIELD 2125 St. Charles Avenue New Orleans, Louisiana 70130 COUNSEL FOR PLAINTIFF/APPELLANT
DAVID V. BATT JAMES J. YOUNG, IV LOBMAN, CARNAHAN, BATT,
ANGELLE & NADER
400 Poydras Street, Suite 2300
New Orleans, Louisiana 70130
COUNSEL FOR DEFENDANT/APPELLEE

REVERSED AND REMANDED
Plaintiffs, Byron Thomas and Stacy Watler, appeal the trial court's judgment dismissing defendant, Sharon Labiche, with prejudice. They argue that the trial court's judgment, rendered as a result of plaintiffs' Motion to Dismiss Without Prejudice under La. C.C.P. art. 1672(C), should have been without prejudice.
The record reveals that an auto accident occurred on or about July 7, 2003, wherein plaintiffs alleged that defendant, Labiche, who was insured by defendant, State Farm Mutual Automobile Insurance Company (State Farm), rear ended them with her vehicle, causing them various personal injuries and damages. They filed suit on February 20, 2004 against Labiche and State Farm. However, Labiche was never served; the address provided by plaintiffs was incorrect. The record fails to show any further attempts at service on Labiche. On March 10, 2004, defendants, State Farm and Labiche, filed an Exception of Insufficiency of Citation, Insufficiency of Service of Process, arguing that the exceptors had not been served in accordance with the Louisiana Code of Civil Procedure in that service had not been personal or domiciliary. The record does not show that this Exception was
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