
    John F. SCHWEGMANN v. Melba Schwegmann BROWN, In her capacity as testamentary executrix of the Succession of John G. Schwegmann.
    No. 98-CC-0732.
    Supreme Court of Louisiana.
    March 25, 1998.
    Concurring Opinion of Justice Lemmon March 27, 1998.
   Stay order recalled. Writ denied in part and granted in part. The court of appeal properly ruled that relator’s action should have been filed in the Twenty-Fourth Judicial District Court. The court should have transferred this matter to the Twenty-Fourth Judicial District Court, where it will be consolidated with a similar pending action on which the trial judge has deferred ruling until this Court rules in this matter. Accordingly, the application is transferred to the Twenty-Fourth Judicial District Court to conduct a hearing on the petition for injunc-tive relief. Application is otherwise denied.

LEMMON, J., assigns additional concurring reasons.

KIMBALL, J., not on panel.

LEMMON, Judge,

concurring.

The court of appeal improperly referred to the issue as one of subject matter jurisdiction. La.Code Civ.Proc. art. 2811 is a rule of venue. See La.Code Civ.Proc. art. 44, classifying Article 2811 as a rule of nonwaivable venue. See also In re Howard Marshall Trust, 97-1718 (La.3/4/98), — So.2d -, 1998 WL 94426 (Lemmon, J., Concurring). Since venue in Orleans Parish was improper, the case should have been transferred to Jefferson Parish. La.Code Civ.Proc. art. 121.  