
    Timothy Patrick AUVIL v. Rose Espinoza AUVIL.
    No. 92-CC-2290.
    Supreme Court of Louisiana.
    Aug. 11, 1992.
    Rehearing Denied Sept. 4, 1992.
   IN RE: Auvil, Timothy Patrick; —Plaintiffs); Applying for Supervisory and/or Remedial Writs; to the Court of Appeal, First Circuit, Number CW92 0831; Parish of East Baton Rouge East Baton Rouge Family Court Div. “C” Number 99091.

Granted. Judgment of the court of appeal is reversed. Judgment of the trial court denying the exception of lack of subject matter jurisdiction is reinstated. Case remanded to the court of appeal to consider those issues not passed upon in Ms. Auvil’s application to that court.

DENNIS, Justice,

concurring.

I join in the writ grant and order. As to the divorce proceeding, venue is not waiva-ble and confers jurisdiction. I believe the plaintiff presented sufficient evidence that East Baton Rouge Parish is his domicile. Therefore, in regard to the divorce proceeding I would reverse the court of appeal and reinstate that portion of the proceeding. As to the custody proceeding, venue is not at issue as the defendant has made a general appearance. I would remand for a determination of whether the children are being sequestered in Peru in order to defeat the jurisdiction of the district court. In that instance, I believe Louisiana’s interest outweighs all others and is sufficient to confer jurisdiction upon a Louisiana court for the determination of custody.

HALL, Justice,

concurring.

I join in the writ grant and order. In this child custody case between the father who is a Louisiana domiciliary and the mother who is a Texas domiciliary, where the children are living with the mother’s parents in Peru, having moved there from their home in Louisiana with their mother who returned to the United States, the Louisiana court has subject matter jurisdiction under LSA-R.S. 13:1702A(2) and (4). Venue is not an issue, the mother having answered and appeared in the divorce and custody proceedings instituted in the Family Court for East Baton Rouge Parish prior to filing the exception of lack of subject matter jurisdiction.

CALOGERO, C.J., and LEMMON, J., would grant and docket for hearing.  